Sustainable Acquisition How to “Green” a Federal Contract

Barbara MatosDepartment of Veterans Affairs

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• Program Overview• Legal Drivers• Strategies • Acquisition Planning Process • Practical Exercise

Plus…Take-aways!

Topics

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• Gain an understanding of the Federal Green Purchasing Program

• Be able to apply the Federal Acquisition Regulation to “green” contracts

• Learn how to create a Federal green contract

Objectives

“The supreme reality of our time… the vulnerability of this planet.”

– John F. Kennedy

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The Federal Footprint

• The Federal Government…• Spends approximately $530

billion on goods & services annually

• Manages a real property portfolio that includes more than 500,000 buildings

• Spends approximately $3.5 billion annually to provide energy to its facilities

• Purchases about $74 billion worth of IT equipment & services per year

• Owns or leases more than 645,000 non-tactical vehicles worldwide

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Sustainability: Definition & Scope

“To create and maintain conditions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of present and future generations.”

E.O. 13423 identifies Sustainable Practice Areas in: Energy Efficiency Renewable Energy Acquisition Green Buildings Recycling Electronics Stewardship Fleets Toxic Chemical Reduction Water Conservation

●E.O. 13514 adds to these: Support Sustainable Communities Reduce Greenhouse Gas Emissions

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What Does it Mean to Buy Green?

• Green Purchasing & Sustainable Acquisition refer to all components of the Federal Green Purchasing Program

• Affirmative Procurement means specific products & services with certain environmental attributes

• Environmentally Preferable means a product or service that has a lesser or reduced effect on human health & the environment when compared with a competing product or service

Affirmative Procurement

Green Purchasing

Sustainable

Acquisition

Environmentally

Preferable

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What Does it Mean to Buy Green?

Green Purchasing Considers• Environmental & energy attributes of products,

such as energy or water efficiency, or recycled or biobased content

• Product’s life-cycle - takes into account resource use, manufacturing process, packaging, transportation, storage & distribution, & waste disposal

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Why Buy Green?

• Green products are healthier for the workforce, our customers, & the environment

• The purchase of green products helps to:– Save natural resources & taxpayer dollars– Promote recycling programs – Create new markets & jobs– Support U.S. agriculture– Reduce disposal & hazards

(financial & environmental liabilities)

– Reduce pollution & greenhouse gas emissions

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Mandatory Components of the Federal Green Purchasing Program

Recycled content products

BioPreferred® products

Energy efficient products & low standby power devices

Non-ozone depleting substances

Products with low or no toxic or hazardous constituents

Environmentally preferable products (EPP)

Alternative fuel vehicles/alternative fuels

Energy from renewable resources

Water efficient products

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Comprehensive Procurement Guidelines

EPA-Designated Recycled Content ProductsConstruction Products

Building insulation; Carpet (polyester); Carpet cushion; Cement & concrete; Consolidated & reprocessed latex paint; Floor tiles; Flowable fill; Laminated paperboard; Modular threshold ramps; Non-pressure pipe; Patio blocks; Railroad grade crossing surfaces; Roofing Materials; Shower & restroom dividers/partitions; Structural fiberboard

Landscaping Products

Compost & fertilizer made from recovered organic materials; Garden & soaker hoses; Hydraulic mulch; Lawn & garden edging; Plastic lumber landscaping timbers & posts

Non-paper Office Products

Binders, clipboards, file folders, clip portfolios, & presentation folders; Office furniture; Office recycling containers; Office waste receptacles; Plastic desktop accessories; Plastic envelopes; Plastic trash bags; Printer ribbons; Toner cartridges

Paper & Paper Products

Commercial/industrial sanitary tissue products; Miscellaneous papers; Newsprint; Paperboard & packaging products; Printing & writing papers

Parks & Recreation Products

Park benches & picnic tables; Plastic fencing; Playground equipment; Playground surfaces; Running tracks

Transportation Products

Channelizers; Delineators; Flexible delineators; Parking stops; Traffic barricades; Traffic cones

Vehicular Products Engine coolants; Rebuilt vehicular parts; Re-refined lubricating oils; Retread tires

Miscellaneous Products

Awards & plaques; Bike racks; Blasting grit; Industrial drums; Manual-grade strapping; Mats; Pallets; Signage; Sorbents

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EnergyStar® Products

EPA EnergyStar® Qualified ProductsAppliances Clothes Washers; Dehumidifiers; Dishwashers; Freezers; Refrigerators; Room Air Cleaners &

Purifiers; Water Coolers; Vending Machines

Building Products Seal and Insulate; Roof Products; Windows, Doors, & Skylights

Computers Computers; Displays; Imaging Equipment; Enterprise Servers

Electronics Audio/Video; Cordless Phones; Set-top Boxes & Cable Boxes; Televisions

Battery Chargers Handheld Vacuums with Qualified Chargers; Personal Care Products with Qualified Chargers; Power Tools with Qualified Chargers; Yard Care Tools with Qualified Chargers

Heating & Cooling Air Conditioning (Central; Room); Boilers; Dehumidifiers; Ductless Heating & Cooling; Fans, Ventilating; Furnaces; Heat pumps (Air Source; Geothermal); Home Sealing – Insulation & Air Sealing; Room Air Cleaners & Purifiers; Light Commercial Heating & Cooling

Lighting & Fans Decorative Light Strings; Fans, Ceiling; Light Bulbs; Light Fixtures; Commercial LED Lighting

Plumbing Water heater, Gas Condensing; Water Heater, Heat Pump; Water Heater, High Efficiency Gas Storage; Water Heater (Solar; Who home Gas Tankless)

Commercial Food Service Equipment

Kitchen Package; Dishwashers; Fryers; Griddles; Hot Food Holding Cabinets; Ice Machines; Ovens; Refrigerators & Freezers; Steam Cookers

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BioPreferred® (Biobased) Products

USDA-Designated BioPreferred® Product Categories

Round 1 Bedding, Bed Linens, & Towels; Diesel Fuel Additives; Hydraulic Fluids - Mobile Equipment; Penetrating Lubricants; Roof Coating; Water Tank Coatings

Round 2 Adhesive & Mastic Removers; Composite Panels (Acoustical; Interior; Plastic Lumber; Structural Interior; Structural Wall); Disposable Containers; Fertilizers; Fluid-Filled Transformers (Synthetic Ester-Based; Vegetable Oil-Based); Graffiti & Grease Removers; Hand Cleaners & Sanitizers; Plastic Insulating Foam for Residential & Commercial Construction; Sorbents

Round 3 2-Cycle Engine Oils; Carpet & Upholstery Cleaners (General Purpose; Spot Removers); Carpets; Disposable Cutlery; Dust Suppressants; Films (Non-Durable; Semi-Durable); Class Cleaners; Greases (Food Grade; Multipurpose; Rail Track; Truck); Hydraulic – Stationary Equipment; Lip Care Products

Round 4 Bathroom & Spa Cleaners; Concrete & Asphalt Release Fluids; De-Icers -General Purpose; Firearm Lubricants; Floor Stripers; Laundry Products (General Purpose; Pretreatment/Spot Removers); Metalworking Fluids (General /High Purpose Soluble; Semi-Synthetic, & Synthetic Oils; Straight Oils); Wood & Concrete Sealers (Membrane Concrete Sealers; Penetrating Liquids

Round 5 Chain & Cable Lubricants; Corrosion Preventatives; Food Cleaners; Forming Lubricants; Gear Lubricants; General Purpose Household Cleaners; Industrial Cleaners; Multipurpose Cleaners; Parts Wash Solutions

Round 6 Disposable Tableware; Expanded Polystyrene Foam Recycling Products; Heat Transfer Fluids; Ink Removers & Cleaners; Mulch & Compost Materials; Multipurpose Lubricants; Topical Pain Relief Products; Turbine Drip Oils

Round 7 Animal Repellents; Bath Products; Bioremediation Materials; Compost Activators & Accelerators; Concrete & Asphalt Cleaners; Cuts, Burns, & Abrasion Ointments; Dishwashing Products; Erosion Control Materials; Floor Cleaners & Protectors; Hair Care Products (Conditioners; Shampoos); Interior Paints & Coatings (Latex & Waterborne Alkyd; Oil-based & Solventborne Alkyd); Oven & Grill Cleaners; Slide Way Lubricants; Thermal Shipping Containers (Durable; Non-Durable)

Round 8 Air Fresheners & Deodorizers; Asphalt & Tar Removers; Asphalt Restorers; Blast Media; Candles & Wax Melts; Electronic Components Cleaners; Floor Coverings (Non-Carpet); Foot Care Products; Furniture Cleaners & Protectors; Inks (News; Printer Toner </> 25 Pages per Minute; Sheetfed (Black; Color); Specialty); Packing & Insulating Materials; Pneumatic Equipment Lubricants; Wood & Concrete Stains

Proposed Round 9

Agricultural Spray Adjuvants; Animal Cleaning Products; Deodorants; Dethatchers; Fuel Conditioners; Leather, Vinyl, & Rubber Care Products; Lotions & Moisturizers; Shaving Products; Specialty Precision Cleaners & Solvents; Sun Care Products; Wastewater Systems Coatings; Water Clarifying Agents

• Strategic Sustainability Performance Plan (SSPP) Goal 6 – Sustainable Acquisition – Describes purchasing targets– Identifies implementation methods– All agencies’ SSPPs - http://sustainability.performance.gov/

• Office of Management & Budget (OMB) Sustainability & Energy Scorecard rates agencies on compliance with 95% sustainable acquisition goal & other green purchasing requirements:– Comprehensive Green Purchasing Plan– Sustainable Acquisition Contract Reviews– Green Purchasing Training

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Reports & Measures

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Reports & Measures

• 95% of new contract actions must be sustainable, per E.O. 13514 & FAR 23.103

• Conduct quarterly contract reviews of applicable agency contracts to demonstrate compliance with goal

• Report progress in SSPP & OMB Scorecard• Develop & implementing corrective actions• Contracts should have both:– Applicable green product FAR clauses, and– Requirements for green products and services (e.g.,

language in specifications, statement of work, evaluations)

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Test Your Knowledge1. Which of the following are mandatory components of the Federal Green

Purchasing Program?a. Environmentally preferable productsb. BioPreferred® productsc. Non-ozone depleting substancesd. All of the above

2. Which of these is an example of a biobased product?e. Soy-based roof coatingf. Non-ozone-depleting aerosolg. 35% post-consumer recycled paperh. Chlorine-free industrial wipes

3. Green purchasing considers only the type of materials a product contains.

i. Truej. False

Sustainable Acquisition Mandates

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Why Buy Green?

ResourceConservationand Recovery Actof 1976

Energy Policy Act of 1992 & 2005

Executive Orders 13221, 13423 & 13514

2002 Farm Bill

Federal Acquisition Regulation

Energy Independence and Security Act of 2007

Clean Air ActPollution

Prevention Act of 1990

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Green PurchasingExecutive Order 13514, Federal Leadership in

Environmental, Energy, and Economic Performance (October 5, 2009)

Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation

Management (January 24, 2007)

Agencies are required to: Use sustainable environmental practices in the acquisition of

goods & services in 95% of new contract actions (EO 13514) Purchase products & services which are energy-efficient, water-

efficient, biobased, non-ozone depleting, environmentally preferable, contain recycled content, or are non-toxic or less toxic alternatives

Reduce or eliminate the acquisition, use, & disposal of toxic & hazardous chemicals & materials

Use paper of at least 30% postconsumer fiber content

Executive Orders 13514 & 13423

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Green PurchasingExecutive Order 13221, Energy Efficient

Standby Power Devices (July 31, 2001)

For purchases of products using external standby power devices, or containing an internal standby power function, agencies shall: Purchase products using no more than 1 watt in standby power

consuming mode; or, where not available Purchase products with the lowest standby power wattage while in

standby power consuming mode

Where life-cycle cost-effective & practicable Department of Energy Federal Energy Management Program

designates requirements for standby power devices

Executive Order 13221

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Environmental & energy considerations are incorporated throughout the FAR, including:– Part 2, Definitions

– Part 4, Administrative Matters

– Part 7, Acquisition Planning

– Part 8, Required Sources of Supplies & Services

– Part 10, Market Research

– Part 11, Describing Agency Needs

– Part 13, Simplified Acquisition Procedures

– Part 23, Environmental & Energy Considerations

– Part 36, Construction & Architect-Engineer Contracts

– Part 42, Contract Administration

– Part 45, Government Property

– Part 52, Solicitation Provisions & Contract Clauses

– https://www.acquisition.gov/far/

Supplemented by agency acquisition regulations

Think Green at the start of an acquisition!

FAR Part 7

Federal Acquisition Regulation (FAR)

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Test Your Knowledge1. Per Executive Order 13514 & FAR 23.103, agencies are required to

use sustainable environmental practices in the acquisition of goods & services in 95% of new contract actions.a. Trueb. False

2. Executive Order 13221 requires agencies to purchase products with a standby power level of 1 watt or less.a. Trueb. False

3. Environmental & energy considerations are incorporated only in FAR Part 23.c. Trued. False

Sustainable Acquisition & the FAR

~ Highlights

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Part 4 - Administrative Matters Requires paper documents to be submitted

on double-sided recycled content paper

Part 7 - Acquisition Planning Requires planners to “think green” at the

start of the acquisition planning process

…And to comply with Affirmative Procurement, Environmentally Preferable Purchasing, and energy-efficient requirements

Part 8 - Required Sources of Supplies & Services Agency inventories and excess from other agencies are

the first sources of supplies

Part 4

Part 7Part 8

Highlights of FAR Requirements for Sustainable Acquisition

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Part 10 – Market ResearchEstablishes policy to maximize use of recovered

material & promote energy efficiency

Market research must include seeking items containing recovered material

Part 11 – Describing Agency NeedsExecutive Agencies must consider Affirmative

Procurement & Environmentally Preferable Purchasing in specifications, descriptions, standards, requirements, & source selection criteria

Agencies must not require virgin materials

Agencies must use clause 52.211-5 on materials requirements

Highlights of FAR Requirements for Sustainable Acquisition

Part 11

Part 10

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Part 23 – Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-free Workplace Summarizes regulations, policies, & procedures

Requires contracting officers to insert clauses related to green purchasing into solicitations & contracts

Requires contractors to estimate percentages actually used

Addresses procurement exemptions & program priorities

Subpart 23.1 Sustainable Acquisition Policy Addresses 95% sustainable acquisition requirement

Defines “contract actions” meeting requirement as new contracts (including task & delivery orders placed against them) & new task & delivery orders on existing contracts

Highlights of FAR Requirements for Sustainable Acquisition

Part 23

Subpart 23.1

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Part 36 – Construction and Architect-Engineer Contracts Requires Architect-Engineer (A-E) firms to specify use of

recovered materials in designs & to comply with Subpart 23.2 when the use energy-consuming products is specified

Includes Affirmative Procurement in selection criteria for A-E firms

Requires compliance with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings (www.wbdg.org/pdsf/hpsb_guidance.pdf)

Part 42 – Contract Administration Requires monitoring of compliance with specifications or other

contractual requirements for delivery or use of environmentally preferable products, energy-efficient products, products containing recovered materials, & biobased products

Part 45 – Government Property Ensures maximum reutilization of contractor inventory for government

purposes

Part 45

Part 42Part 36

Highlights of FAR Requirements for Sustainable Acquisition

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Test Your Knowledge1. Which Part of the FAR requires planners to “think green” at the start of the

acquisition planning process?a. FAR Part 4b. FAR Part 10c. FAR Part 7d. None of the above

2. Per FAR Part 8, agency inventories/excess are the first source of supply.e. Truef. False

3. In describing agency needs under FAR Part 11, in which of the following must we require the use of products & services outlined in the Federal Green Purchasing Program? g. Specifications, Descriptions, & Standardsh. Requirementsi. Source Selection Factorsj. A and B onlyk. All of the above

Strategies for Improving Green Purchasing/

Sustainable Acquisition

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Green Purchasing Strategies

• Developing, communicating, & reinforcing its green purchasing policy/plan throughout the agency

• Briefing management on SSPP & results of OMB Scorecard

• Incorporating green purchasing requirements into its Environmental Management System at the Department & component level

• Establishing a Green Purchasing Working Group to help identify specific steps necessary to achieve agency goals and provide implementation support

• Participating on Inter-agency green purchasing working groups & task forces

Agencies can improve green purchasing by:

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Green Purchasing Strategies

• Participating in Federal Strategic Sourcing Initiatives (FSSI); e.g., FSSI for Office Supplies Second Generation (OS 2)

• Highlighting the financial & environmental benefits of FSSI & other green purchases– Example: In addition to cost savings , FSSI OS 2 briefings

to senior leaders should include savings on total gallons of oil & plastic through the purchase of remanufactured toner cartridges

• Using environmental & energy calculators to determine savings

Agencies can improve green purchasing by:

*Total Lbs of Plastic Saved - 1,083,44

*Total Gallons of Oil Saved - 82,050

*December 2010 – June 2011

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Green Purchasing Strategies

• Making green purchasing training available to all employees through its Web-based learning management system• Comprehensive training for agency acquisition workforce• Awareness training for other agency personnel (e.g.,

budget staff, program managers, requirements generators)

• Educating vendors on green purchasing (e.g., Industry Days)

• Recognizing employees for excellence in green purchasing through annual awards program

• Hosting green purchasing fairs • Ensuring green purchasing is incorporated

into the Acquisition Planning Process

Agencies can also improve green purchasing by:

Greening the Acquisition Planning Process

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Think Green From the Start of an Acquisition

• FAR Section 7.105(b)(17) requires written acquisition plans to: “discuss all applicable environmental and energy conservation objectives associated with the acquisition…”

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• The process by which the efforts of all personnel responsible for an acquisition are coordinated & integrated through a comprehensive plan for fulfilling the agency need in a timely manner & at a reasonable cost.

• It includes developing the overall strategy for managing the acquisition

Acquisition Planning

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• Sound acquisition planning ensures that the contracting process is conducted in a timely manner, in accordance with statutory, regulatory, & policy requirements, & reflects the mission needs of the program

• An integrated team approach that includes appropriate representation from all organizations having an interest in the requirement will benefit the acquisition planning process

• Contracting professionals play a key role in ensuring that acquisition planning is accomplished for each requirement & that the acquisition plan reflects appropriate acquisition streamlining techniques & a sound business approach to buying the needed goods & services

Acquisition Planning Guiding Principles

• Contracting Officer/Specialist:– Review procurement requests for green supplies & services– Provide guidance to procurement request originators– Incorporate “green” FAR provisions & clauses in contracts– Place written justification in contract file to explain why designated

items were not acquired

• Contracting Officer’s Representative:– Ensure contract actions, through execution & close-out, meet FAR

requirements for green procurement– Ensure green products or services specified in the contract are

actually provided

• Purchase Cardholder:– Filter for green products on “e-buy” sites such

as GSA Advantage– Aggregate green purchases where possible– Use FSSI OS 2 for Office Supplies

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Green Purchasing Responsibilities

• Program Manager/Requirements Generator:– Include green purchasing in Statement of Work– Ensure Environmental/Energy Manager (green purchasing

subject matter expert) is involved in the acquisition planning process or as a member of the integrated project team

• Contractor:– Whether operating a Government-owned or -leased

facility, or providing support services at a Government -owned or operated facility, comply with Executive Order requirements for sustainable acquisition & for developing programs to promote & implement cost-effective waste reduction

– Where the Government-owned or -leased facility has an Environmental Management System (EMS) in place, comply with the EMS to the same extent as the agency would, if it were operating the facility

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Green Purchasing Responsibilities

• Purchase card/fleet card purchases• Simplified acquisitions (<$150,000)• Larger (>$150,000) purchases of

supplies• Support services contracts• Detailed scopes of work or

performance-based contracting• Purchases from mandatory sources

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Green Purchasing is Required on All Types of Purchases

• Federally-mandated designated green products

• Green Products Compilation (GPC) supports compliance by helping users identify applicable products

• GPC is available at:– FedCenter

www.fedcenter.gov/Documents/index.cfm?id=19300&pge_prg_id=26960 (Excel spreadsheet); &

– General Services Administration’s Sustainable Facilities Tool http://www.sftool.gov/GreenProcurement (Web-based)

• Consider including the GPC (or relevant portions, and/or Web link) in contracts (e.g., statement of work or other section where requirements are described)

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Which Types of Green Products Must you Buy?

• Representative acquisitions include:

–Design/Construction/Renovation–Facility Maintenance/Operations & Maintenance (janitorial products/services, landscaping, equipment maintenance)–Office Supplies–Furniture–Cafeteria-ware/Services–Fleet Management–Hospitality/Hospitals (bedding, linens, towels)–Meetings & Conference Services–Information Technology Equipment

Even a consulting services contract can be greened!

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What Types of Contracts Can You Green?

A – Solicitation/contract formB – Supplies or services & prices/costsC – Description/specifications/statement of workD – Packaging & markingE – Inspection & acceptanceF – Deliveries or performanceG – Contract administration dataH – Special contract requirementsI – Contract clausesJ – List of attachmentsK – Reps & certificationsL – Instructions, conditions, & noticesM – Evaluation factors for award 41

What Parts of the Solicitation Can You Green?

• Where applicable on exterior surfaces only, the use of consolidated and reprocessed latex paint meeting the requirements of the U.S. Environmental Protection Agency’s Comprehensive Procurement Guideline for postconsumer content and total recovered content should be considered, if feasible.

White, off-white, pastel colors – 20% postconsumer

Grey, brown, earth tones, and other dark colors -50-99% postconsumer 42

Example: Green Procurement Language Recycled Content

Products

• The Vendor Must:

Provide products that earn the EnergyStar® and meet the EnergyStar® specifications for energy efficiency. The vendor is encouraged to visit energystar.gov for complete product specifications and updated lists of qualifying products.

• Use FAR Clause 52.223-15 Energy Efficiency in Energy-Consuming Products in all applicable contracts & solicitations

• Product categories include:– Building Products– Heating & Cooling– Plumbing– Commercial Appliances– Commercial Food Service Equipment– Computers – Electronics– Lighting– Battery Chargers

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Example: Green Procurement Language EnergyStar®

Products

Item 1: Proposed Technical Approach towards Cleaning Projects using Biobased Products

• The government will evaluate the offeror’s proposal based on the degree to which the offeror demonstrates the acquisition, installation, and commitment to use biobased products in the performance of cleaning in this cleaning effort. Offerors with the most aggressive but realistic approaches to cleaning with biobased products will receive additional point consideration.

Item 2: Experience using Biobased Products in Cleaning Projects• The government will evaluate the degree of the offeror’s demonstrated

experience in the use of biobased products in cleaning over the last two years from the date of RFP issuance. Offerors with greater quantities and uniqueness in the use of biobased products will receive additional point consideration.

• The government will evaluate the offeror’s past Biobased Project Management Experience in the following areas: contracts performed using biobased products, dollar amount, and formal and informal communications methods used to share information and data about biobased products between team members and between organizational entities (i.e., manufacturers, suppliers and other vendors or subcontractors).

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Example: Evaluation Criteria in Housekeeping Contracts

• Promote green purchasing, recycling, electronics stewardship, & other sustainable practice areas by quantifying the environmental & energy benefits

• Demonstrate life-cycle value

• Facilitate environmental compliance

• Determine carbon footprint

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Environmental & Energy Benefits Calculators

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• According to RCRA & FSRIA, procuring agencies must show procurement preferences for designated products unless the product:

– Is available only at an unreasonable price

– Will not meet reasonable performance standards

– Is unavailable within a reasonable timeframe or at a sufficient level of competition

Price

Performance

Availability

Exemptions

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• FAR Subpart 23.4– If you purchase a noncompliant product for

reasons of price, performance, or availability, AND the purchase was above the micropurchase threshold, you must document to the contract file the reasons for not purchasing the compliant (e.g., recycled or biobased) product

Called a written

determination or

justification

How Do I Use an Exemption?

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Have you… Incorporated technical requirements related to green

purchasing into the statement of work or contract specifications?

Required submittals by the contractor that enable reporting and confirm objectives are being met?

Ensured the appropriate FAR provisions & clauses support the specifications & hold the contractor to the requirements?

Incorporated environmental &/or energy considerations as selection/evaluation criteria?

Developed & provided green purchasing awareness training to contractors, if needed?

Held pre-award &/or post-award meetings to reinforce objectives?

Green Purchasing Contract Checklist

Planning

Cont

ract

Dev

elop

men

t

Quality

Assu

rance

Data &

Reportin

g

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Test Your Knowledge

1. Green purchasing does NOT apply to mandatory sources of supply.a. Trueb. False

2. Which of the following contracts may be greened?c. Construction servicesd. Research & developmente. Meetings & conference servicesf. A and C onlyg. All of the above

3. Which of the following is NOT an acceptable justification for purchasing a designated product without recycled or biobased content? h. The price is unreasonablei. The product will not meet performance standardsj. The product will be shipped overseask. The product is not available within a reasonable time frame

Greening a Federal Contract

Time to Exercise!

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Example: Renovate an Office Suite

Product/Service

Recycled Content

Biobased Content

Energy Efficient

Other

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Example: Renovate an Office Suite

Product/Service

Recycled Content

Biobased Content

Energy Efficient Other

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Example: Renovate an Office Suite

Product/Service

Recycled Content Biobased Content

Energy Efficient Other

Paint Consolidated & Reprocessed Latex

Latex & Waterborne Alkyd

Low or no VOC; Non-toxic

Carpet Polyester Jute, Seagrass, Hemp Recyclable; Biodegradable

Carpet Cushion (underlay)

Rubber (tire rubber); Carpet fabrication scrap

Soy-based Recyclable; Biodegradable

Ceiling Tiles/Acoustical Panels

Structural Fiberboard, Laminated Paperboard

Biobased Jute Fibers Recyclable; Light -reflective

Roofing Materials Plastic or Plastic/Rubber Composite, Wood/Plastic Composite

BioPreferred EnergyStar® Recyclable

Roof Coatings BioPreferred EnergyStar® Low VOC

Interior Panels Structural Fiberboard, Laminated Paperboard

Biobased composite panels (plant fibers & resins)

EnergyStar® (doors) Recyclable

Lighting Fixtures EnergyStar®/FEMP

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Example: Renovate an Office Suite Other Considerations

Product/Service

Recycled Content Biobased Content

Energy Efficient Other

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Example: Renovate an Office SuiteOther Considerations

Product/Service

Recycled Content Biobased Content

Energy Efficient

Other

Furniture Plastic, steel, particleboard/ fiberboard component, fabric; remanufactured or refurbished

Biobased composite Panels (plant fibers & resins)

Excess; Sustainably Harvested Wood (FSC)

Electronic equipment (desktop computer & monitor)

EPEAT

Flat screen TV & Imaging Equipment

EnergyStar®/FEMP EPEAT (future)

Office Recycling Containers & Waste Receptacles

Plastic, Steel, Paper (cardboard, paperboard)

Cornstarch-based; Plant-based

Excess; Recyclable; Compostable; Biodegradable

Carpet & Furniture Cleaners

Postconsumer fiber/recovered fiber paper towels and general-purpose industrial wipers

Natural bio-enzymes

Low or no VOC; Biodegradable; Non-ozone depleting

Packaging Materials Containerboard, paperboard

Cornstarch-based; Plant-based

Reduced PackagingPackaging Take-back; Recyclable; Compostable; Biodegradable

Delivery Local; Alternative Fuel Use

Recycle Debris

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Example: Renovate an Office Suite Applicable FAR Provisions & Clauses

Product/Service

FAR Provision (P)/Clause (C) FAR Requirement

Recycled Content 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (C)*52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (C)52.223-4. Recovered Material Certification (P)

FAR 23.405(a)(1) When acquiring products with recovered materials – refer to EPA’s CPG list of designated items & to agency’s APP

Biobased Content (BioPreferred)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (as amended April 18, 2012) (C)52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (C)52.223-1. Biobased Product Certification (P)

FAR 23.405(a)(2) When acquiring products with biobased content – refer to USDA’s list of designated items (BioPreferred) & to agency’s APP

EnergyStar®/Energy-Efficient

52.223-15 Energy Efficiency in Energy-Consuming Products (C)*

FAR 23.203 When acquiring energy-consuming products - refer to EPA’s list of Energy Star® products or DOE-FEMP’s list of energy efficient products , AND, for products that consume power in a standby mode , refer to FEMP’s Low Standby Power Devices product list.

Environmentally Preferable(Electronics)

52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (C)*

FAR 23.704 As required by EO 13423, agencies must meet at least 95% of their annual acquisition requirement for electronic products with EPEAT-registered electronic products

Paper (Offer, Reports, etc.)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

FAR 4.302 requires contractors to submit documents on 30% postconsumer fiber paper and print/copy double-sided

*See 52.212-5 Contract Terms and Conditions

Barbara Matos barbara.matos@va.gov

(202) 461-6930

Questions?

Thank You!

Take-away 1:

Resources & Tools

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Resources & Tools: How & What to Buy

• FedCenter:• Portal for comprehensive environmental stewardship &

compliance assistance. Green purchasing information is available at www.fedcenter.gov/programs/buygreen

• Federal Acquisition Regulation: www.acquisition.gov/far/

• Environmental Protection Agency: • Comprehensive Procurement Guidelines (recycled)

www.epa.gov/cpg

• Energy Star www.energystar.gov

• WaterSense www.epa.gov/WaterSense/

• Environmentally Preferable Purchasing Program www.epa.gov/epp

• Non-ozone depleting substances www.epa.gov/ozone/snap/

• Major Environmental Laws www.epa.gov/lawsregs/laws/index.html

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Resources & Tools: How & What to Buy

• Department of Energy:• Alternate Fuel Vehicles & Alternate Fuels

www1.eere.energy.gov/vehiclesandfuels/epact/

• Energy Efficient & Low Standby Power products www1.eere.energy.gov/femp/technologies/procuring_eeproducts.html

• U.S. Department of Agriculture:• BioPreferred® Program www.biopreferred.gov/

• BioPreferred® Catalog www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogSubCategoryLanding.jsp

• General Services Administration:• Environmental Products Overview www.gsa.gov/enviro

• Green Products Compilation www.sftool.gov/GreenProcurement

• Second Generation Federal Strategic Sourcing Initiative Office Supply Blanket Purchase Agreements www.gsa.gov/portal/content/141857

• Electronics Environmental Benefits Calculator www.federalelectronicschallenge.net/resources/bencalc.htm

• Energy & Cost Savings Calculators for Energy-Efficient Products www.energystar.gov/index.cfm?c=bulk_purchasing.bus_purchasing

• Greenhouse Gas Emissionswww.epa.gov/climatechange

• Promoting Green Purchasingwww.epa.gov/epp/tools/epp_metrics.pdf

• WAste Reduction Model (WARM) www.epa.gov/climatechange/wycd/waste/calculators/Warm_home.html (Updated February 2012)

• GSA Carbon Footprint Tool www.gsa.gov/carbonfootprint

• GSA Carbon-Equivalency Savings Tool www.gsaauctions.gov/html/carbonequivalency_print.htm(Launched April 22, 2011) 61

Resources & Tools: Environmental & Energy Benefits Calculators

• GSA Advantage! (Environmental Program Aisle) www.gsaadvantage.gov/advantage/main/start_page.do

• DoD EMALL https://dod-emall.dla.mil • AbilityOne www.abilityone.gov • UNICOR/Federal Prison Industries www.unicor.gov • Commercial sources

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Resources & Tools: Where to Buy

Take-away 2:

Sustainable Acquisition & the Federal

Acquisition Regulation

• Biobased Product Product determined by the U.S. Department of Agriculture to be a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials (including plant, animal, and marine materials) and* forestry materials.

• Energy-efficient Product Meets Department of Energy (DOE) and Environmental Protection Agency (EPA) criteria for use of the Energy Star trademark label; or is in the upper 25% of efficiency for all similar products as designated by DOE’s Federal Energy Management Program (FEMP).

• Energy-efficient Standby Power Devices Products that use external standby power devices, or that contain an internal standby power function; and no more than one watt of electricity in their standby power consuming mode or meet recommended low standby levels as designated by DOE FEMP.

• Energy-savings Performance Contract Requires the contractor to: (1) Perform services for the design, acquisition, financing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations; (2) Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from implementation of such measures during the term of the contract; and (3) Guarantee future energy and cost savings to the Government.

*Replaces “or” – amended April 18, 2012 64

FAR Part 2: Definitions

• Environmentally Preferable Products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.

• Ozone-depleting Substance Any substance the Environmental Protection Agency designates in 40 CFR Part 82 as (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons.

• Pollution prevention Any practice that (1)(i) Reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and (ii) Reduces the hazards to public health and the environment associated with the release of such substances, pollutants, and contaminants; (2) Reduces or eliminates the creation of pollutants through increased efficiency in the use of raw materials, energy, water, or other resources; or (3) Protects natural resources by conservation.

• Recovered material Waste materials and by-products recovered or diverted from solid waste. Does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

65

FAR Part 2: Definitions

• Renewable energy Energy produced by solar, wind, geothermal, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.

• Renewable energy technology (1) Technologies that use renewable energy to provide light, heat, cooling, or mechanical or electrical energy for use in facilities or other activities; or (2) The use of integrated whole-building designs that rely upon renewable energy resources, including passive solar design.

• Sustainable acquisition Acquiring goods and services in order to create and maintain conditions (1) Under which humans and nature can exist in productive harmony; and (2) That permit fulfilling the social, economic, and other requirements of present and future generations.

• Virgin material (1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or (2) Any undeveloped resource that is, or with new technology will become, a source of raw materials.

• Waste reduction Preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

• Water consumption intensity Water consumption per square foot of building space.

66

FAR Part 2: Definitions

• Contains language that emphasizes procurement of recycled-content & environmentally preferable products & services

• 7.103 - Agency heads must ensure that agency planners comply with the policy regarding procurement of products containing recovered materials, & environmentally preferable & energy-efficient products & services, & specify need for printing & writing paper meeting 30% postconsumer fiber minimum content standards

• 7.105(b)(16) - Requires written acquisition plans to “discuss all applicable environmental and energy conservation objectives associated with the acquisition…” 67

FAR Part 7: Acquisition Planning

• The FAR requires agencies to consider use of recovered materials, environmentally preferable purchasing criteria developed by EPA, & environmental objectives when developing specifications & standards describing government requirements & developing source selection factors

68

FAR Part 11: Describing Agency Needs

FAR PART 23 – ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

Subpart 23.1 – Sustainable Acquisition Policy Subpart 23.2 – Energy and Water Efficiency and

Renewable Energy Subpart 23.4 – Use of Recovered Materials and

Biobased Products Subpart 23.7 – Contracting for Environmentally

Preferable and Energy-Efficient Products and Services

Subpart 23.8 – Ozone-Depleting Substances 69

FAR Part 23: Environmental & Energy Considerations

70

• 23.202 Policy The Government's policy is to acquire supplies and services that promote energy and water efficiency, advance the use of renewable energy products, and help foster markets for emerging technologies. This policy extends to all acquisitions, including those below the simplified acquisition threshold

FAR Subpart 23.2: Energy & Water Efficiency & Renewable Energy

71

• 23.203 Energy Efficient Products– Agencies shall purchase ENERGY STAR®

or other energy-efficient items listed on the Department of Energy's Federal Energy Management Program (FEMP) list; and

– Agencies shall meet standby wattage recommendations on FEMP's Standby Power Devices product listing, or purchase products using no more than one watt in standby mode, or purchase with lowest practical standby wattage

Energy-Using Products

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• 23.203 Energy Efficient ProductsWhen contracting for services that will include the provision of energy-using products, including contracts for design, construction, renovation, or maintenance of a public building, agencies will follow same guidelines as for purchasing products (energy efficiency and standby wattage)

Contracting for Energy Efficient Products & Services

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• 23.205 Energy Savings Performance Contracts

• Section 403 of Executive Order 13123 of June 3, 1999, Greening the Government through Efficient Energy Management, requires an agency to use an energy-savings performance contract when life-cycle cost-effective, to reduce energy use & cost in the agency's facilities & operations

Applicability to Performance Contracts

• (a) (1) Contracting officers should refer to EPA’s list of designated items when purchasing supplies that contain recovered material or services that could include the use of products that contain recovered material.

• (a)(2) Contracting officers should refer to USDA’s list of designated items when purchasing supplies that contain biobased material or services that could include supplies that contain biobased material.

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23.405 - Procedures

75

• 23.706 – Contract Clauses• Insert Clause 52.223-16, IEEE* 1680

Standard for the Environmental Assessment of Personal Computer Products, in all solicitations and contracts for—– (i) Personal computer products;– (ii) Services that require furnishing of personal

computer products for use by the Government; or

– (iii) Contractor operation of Government-owned facilities.

• Requires EPEAT level of bronze or higher

*Institute of Electrical and Electronics Engineers

Electronic Product Environmental Assessment Tool (EPEAT)

Take-away 3:

Sustainable Acquisition Solicitation Provisions & Contract Clauses in the

Federal Acquisition Regulation

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Provision (P) or Clause (C)

Title Prescription P or C Summary Special Considerations

52.204-4 Printed or Copied Double-Sided on Recycled Paper

4.303 C Requires documents be printed or copied double-sided on recycled paper.

52.211-5 Material Requirements 11.304 C Requires specification of material composition (virgin material, recovered material, etc.)

For use only in non-commercial acquisitions

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items.

12.301 (b)(4) C Implements statutes or executive orders for commercial items in one place

For use only in commercial acquisitions. Replaces the need to incorporate 52.223-9 with Alt I, 52.223-15, and 52.223-16 with Alt I separately

52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items).

13.302-5 (d) C Implements statutes or executive orders for simplified acquisitions for other than commercial items in one place

For use only in Simplified Acquisitions for other than commercial items that exceed the micro-purchase threshold. Replaces the need to incorporate 52.223-15 separately

52.223-1 Biobased Product Certification

23.406(a) P Use in solicitations that require the delivery or specify the use of USDA-designated items or if 52.223-2 is utilized

Effective May 2012, new paragraph (c) provides fiscal year reporting requirements on product types & dollar value of USDA-designated products purchased by Contractor

FAR Provisions & Clauses Sustainable Acquisition

78

Provision (P) or Clause (C)

Title Prescription P or C Summary Special Considerations

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

23.406(b) C Use in service or construction solicitations and contracts unless the contract will not involve the use of USDA-designated items at *www.biopreferred.govor 7 CFR Part 3201*

*Amended April 18, 2012;

52.223-4 Recovered Material Certification

23.406(c) P Use in solicitations that require the delivery or specify the use of EPA-designated products

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

23.406(d) C Requires an estimate of percentage of recovered material content for EPA-designated products for contracts exceeding the Simplified Acquisition Threshold and specify use of EPA designated items

Does not need to be put in if 52.212-5 is utilized, and the block for 52.223-9 is checked

52.223-10 Waste Reduction Program

23.705(a) C Requires contractor to establish a program to promote waste reduction in all contractor operations and facilities covered by the contract

Use in all solicitations and contracts for contractor operation of Government-owned or -leased facilities and for support services at Government-owned or -operated facilities

52-223-12 Refrigeration Equipment and Air Conditioners

23.804(b) C Requires compliance with applicable sections of the Clean Air Act

Also see applicable energy-efficiency provisions/clauses

FAR Provisions & Clauses Sustainable Acquisition

79

Provision (P) or Clause (C)

Title Prescription P or C Summary Special Considerations

52.223-15 Energy Efficiency in Energy-Consuming Products

23.206 C Defines “Energy-efficient product” to include EnergyStar® qualified products and FEMP-designated products (those in the upper 25% of energy efficiency as designated by the Department of Energy’s Federal Energy Management Program).

See ENERGY STAR® at http://www.energystar.gov/products; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html.

52.223-16   IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

23.705(b)(1) C Currently applies to: computer monitor; desktop computer; notebook computer; and personal computer product (i.e., peripherals integral to operation of the computer, such as the mouse and keyboard).

Requires delivery of EPEAT Bronze registered or higher.. See www.epeat.net

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

23.406(e) C Requires the maximum use of products containing recovered materials that are EPA-designated

Exemption for price, performance, availability

52.223-19 Compliance with Environmental Management Systems

23.903 C Requires work performed to conform with all operational controls identified in the agency’s or facility’s EMS and provide information necessary for the Government to address environmental performance relative to the EMS goals

Where goals for Green Purchasing/Sustainable Acquisition are included in the EMS

FAR Provisions & ClausesSustainable Acquisition