Recycling and Affirmative Procurement

NASA will excel within the Federal Government in waste prevention, recycling, and affirmative

procurement by achieving a waste diversion goal of 35% by 2010 and maintaining 100% compliance in

Affirmative Procurement.

Buying Recycled Content, Environmentally Preferable, and Bio based Products

Affirmative Procurement

The process of purchasing all items containing 100 % recycled content. Also keep in mind the

purchase of Environmentally Preferable products.

Environmentally Preferable•Minimize the consumption of resources, energy and water

•Prevent the creation of solid waste, air pollution or water pollution•Minimize or eliminate the use of materials or processes which compromise the environment (global warming, ozone depletion and acid rain)•Promote the use of non-toxic substances and avoid toxic materials or processes

Mandates

Resource Conservation and Recovery Act (RCRA) Section 6002 (42 USC 6962),

EO 13101, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition - 14 Sep 98

Federal Acquisition Regulation (FAR), Part 23 -- Use of Recovered Materials

NPG 8830.1 – Affirmative Procurement Plan

Procurement Information Circular (PIC) 01-27

USDA Farm Security and Rural Investment Act of 2002 (Public Law 107-17)

RCRA Section 6002 Is The Law

The Resource Conservation and Recovery Act (RCRA) establishes a framework for national programs stated in the FAR 23.7. This will implement cost-effective programs favoring the acquisition of environmentally preferable and energy efficient products and services

Executive Order 13101

Executive Order (EO) 13101 “Greening the Government through Waste Prevention,

Recycling, and Federal Acquisition”

Takes legal authority from the Resource Conservation & Recovery Act (RCRA)

Is now part of EPA or State hazardous waste inspections

Installations can get a Notice of Violation for failure to comply

E.O. 13101

The EO mandates RCRA’s Affirmative Procurement Program by requiring consideration of these factors below in

acquisition planning.

Elimination of virgin material requirements Use of bio based products Use of recovered materials Product reuse and life cycle cost Recyclable Use of environmentally preferable products Waste prevention including toxicity reduction/elimination Ultimate disposal

FAR Requirements

FAR was amended to implement EO 13101 in August 2000

7.103 - Agency-head responsibilities 11.002 Describing Agency Needs - Policy 11.3 Acceptable Material 11.304 Contract Clause 52.211-5 Material Requirements

FAR Requirements

13.201 General - RCRA and EO 13101 now applies to purchases at or below the micro-purchase threshold,

Subparts 23.4 and 23.7 and associated clauses revised,

52.223-4 Recovered Material, 52.223-9 Estimate of Percentage of Recovered

Material Content for EPA-Designated Products, August 2000, and

52.223-10 Waste Reduction Program, August 2000.

NASA’s Procedures and Guideline NPG 8830.1

Distributes Responsibility

Waiver process

Restated in the PIC 01-27

Exceptions

Recycled-content is not required unless it is specified in the contract

• Do not meet technical performance requirements• Cost more than comparable non-recycled-content

products• Are sole-source items• Are not available in a timely manner

NASA’s Procurement Information Circular

01-27 APPLICABILITY OF AFFIRMATIVE PROCUREMENT

http://www.hq.nasa.gov/office/procurement/ regs/pic01-27.html

PIC 01-27• Purpose-

– Clarify FAR 23.405(b)– Assist acquisition personnel understanding of E.O. 13101

• Guidance– E.O. 13101– Far 23.4– NPG 8830.1

• Applicability– Support Service Contracts– Construction Contracts– Supply (direct procurement) Contracts– Other contracts

Recovered Material Definition

• Materials taken out of, or diverted from landfill which are then separated and recycled

• Does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process

Post-consumer material

A material or finished product that has served its intended use and has been discarded for disposal or

recovery, having completed its life as a consumer item

Pre-consumer material

Materials recovered for recycling prior to use by the consumer

(Also known as “post-industrial” waste)

Example:

Carpet, includes waste from extrusion and yarn mills, clean lint and edge trim from finishing lines

Biobased Product Definition

“ A product determined by the Secretary 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 or renewable domestic agricultural materials (including plant, animal, and marine materials) or forestry materials.”

Biobased products Categories

- Adhesives- Construction material and Composites- Fibers, Paper and Packaging- Fuels Additives- Vegetable Oil Inks- Landscaping Materials and Compost- Lubricants and Functional Fluids- Paints and Coatings- Plastics- Solvents/cleaners- Sorbents

It is the Law

• Section 9002 of Farm Security and Rural Investment Act of 2002 (Public Law 107-171)

– Congress provides a mechanism to increase government purchasing of biobased products

– Federal Agencies are required to purchase biobased products

– Is not required unless it is specified in the contract.

It is the Law• Federal Government Agencies must

– Give preference in their purchasing programs– Establish Affirmative Procurement Programs for

Department of Agriculture (USDA) designated biobased products within one year of guidelines publications.

– Assure specifications require the use of biobased products consistent with the USDA guidelines within one year of guidelines’ publication.

– Guidelines have not yet been finalized.

Training• Train and educate Center procurement, environment,

and program personnel on biobased purchasing• Integrate biobased purchasing as a component into

base Environmental Management System• Transmit guidance and communicate to Center

personnel on importance of biobased purchasing• Training and guidance will be prepared when

procurement regulations are finished in the (FAR & NFS).

• Meanwhile, Center should plan its approach to “Implement cost-effective contracting preference programs promoting energy-efficiency, water conservation, and the acquisition of environmentally preferable products and service.”

Benefits

• Purchasing Biobased products

Stimulates new marketsEnhances partnerships with industryHelps farmersSaves energyWins awards and recognitionDemonstrates environmental StewardshipHelps perform a cost-effective mission

Web Sites

• Department of Agriculture

http://www.usda-biobasedproducts.net/public

• Department of Energy

http://www.bioproducts-bioenergy.gov

• Office of Federal Environmental Executive/White House Task Force on Waste Prevention and Recycling

http://www.ofee.gov

EPA’s Comprehensive Procurement Guideline Item

Category List – Construction Products – Landscaping Products– Non-Paper Office Products– Paper and Paper Products – Park and Recreation Products– Transportation Products– Vehicular Products– Miscellaneous Products

Where do we find the list of CPG items?

• EPA designated a list of Comprehensive Procurement Guideline Items that NASA follows as a guide to buying recycled.

• For more information on recycled products and product descriptions refer to the brochure and these sites.

• http://www.epa.gov/cpg/products • http://www.EPA.gov/oppt/epp/• http://www.dscr.dla.mil • http://pub.fss.gsa.gov• http://www.ofee.gov/

Government Role

– Federal Government is the largest purchaser of goods and services, responsible for ~20% of the Gross National Product

– Therefore, we have the ability to increase government purchases of recycled and biobased products by using the government's purchasing power to drive the solid waste recovered material markets

Training Credit Card and Purchase Card holders

NASA’s Purchase card use - $88 Million FY 2001 460,000 government buyers have purchase cards

Over 4000 bankcard holders at NASA Important to review Agencies credit card training and

develop electronic module on the purchasing of biobased and recycled content products

ContactsNASA’s Lead Center for Recycling and Affirmative

Procurement Kennedy Space Center, FL

Shannah Trout (321) 867-8443

Shannah.Trout-1@ksc.nasa.gov

Adrea Dempsey (321) 867-8446

Adrea.Dempsey-1@ksc.nasa.gov

NASA Headquarters Environmental

Management Division Mike McNeill (202) 358-1886

Recycling and Affirmative Procurement Program Manager

http://environmental.ksc.nasa.gov/recycle/intro.html

http://www.wff.nasa.gov/~code205/Services

WFF Contacts

Environmental Procurement

Joe Mitchell 1127 Jim Mitchell 1067 Marianne Simko 2127 Sandra Savage 2363

Click on Affirmative Procurement on the WFF Environmental website at: