**Revised - September 2008**

**COMMERCE ACQUISITION MANUAL**

**1323.70**

DEPARTMENT OF COMMERCE

GREEN PROCUREMENT PROGRAM

**COMMERCE ACQUISITION MANUAL**

**1323.70**

**Table of Contents**

[SECTION 1 -- OVERVIEW 1](#__RefHeading___Toc209246473)

[**1.1** **Background** 1](#__RefHeading___Toc209246474)

[**1.2** **Purpose** 1](#__RefHeading___Toc209246475)

[**1.3** **Applicability** 1](#__RefHeading___Toc209246476)

[**1.4** **Policy** 1](#__RefHeading___Toc209246477)

[**1.5** **Scope** 2](#__RefHeading___Toc209246478)

[**1.6** **Roles and Responsibilities** 2](#__RefHeading___Toc209246479)

[**1.7** **Points of Contacts** 3](#__RefHeading___Toc209246480)

[SECTION 2 -- GREEN PREFERENCE PROGRAMS 5](#__RefHeading___Toc209246481)

[**2.1** **Recovered Materials and Biobased Products**
5](#__RefHeading___Toc209246482)

[**2.2** **Energy Efficient Products** 6](#__RefHeading___Toc209246483)

[**2.3** **Electronic Product Environmental Assessment Tool (EPEAT)
Products** 6](#__RefHeading___Toc209246484)

[**2.4** **Water Efficient Products** 7](#__RefHeading___Toc209246485)

[**2.5** **Alternative Fuel Vehicles/Alternative Fuels/Hybrids**
7](#__RefHeading___Toc209246486)

[**2.6** **Non-Ozone Depleting Products**
7](#__RefHeading___Toc209246487)

[**2.7** **Environmentally Preferable Products and Services**
8](#__RefHeading___Toc209246488)

[**2.8 Waste Prevention and Recycling Program**
8](#__RefHeading___Toc209246489)

[SECTION 3 -- ACQUISITION STRATEGIES AND TOOLS
9](#__RefHeading___Toc209246490)

[**3.1** **Acquisition Planning** 9](#__RefHeading___Toc209246491)

[**3.2** **Specifications and Requirements**
9](#__RefHeading___Toc209246492)

[**3.3** **Sources of Supply** 9](#__RefHeading___Toc209246493)

[**3.4** **Source Selection/Evaluation**
10](#__RefHeading___Toc209246494)

[**3.5** **Contractor Compliance** 10](#__RefHeading___Toc209246495)

[SECTION 4 -- EXCEPTIONS TO GREEN PREFERENCE PROGRAMS
11](#__RefHeading___Toc209246496)

[**4.1** **Written Justifications For Procurement Exceptions**
11](#__RefHeading___Toc209246497)

[SECTION 5 -- GREEN PROMOTION PROGRAM 12](#__RefHeading___Toc209246498)

[**5.1** **Promotion Program** 12](#__RefHeading___Toc209246499)

[**5.2** **Outreach** 12](#__RefHeading___Toc209246500)

[**5.3** **Training** 12](#__RefHeading___Toc209246501)

[**5.4 Annual Recognition Program** 13](#__RefHeading___Toc209246502)

[SECTION 6 -- ANNUAL REVIEW AND MONITORING
15](#__RefHeading___Toc209246503)

[**6.1** **Annual Compliance Monitoring**
15](#__RefHeading___Toc209246504)

[**6.2** **Green Quality Control** 15](#__RefHeading___Toc209246505)

[**6.3** **Annual Monitoring and Reporting**
15](#__RefHeading___Toc209246506)

[APPENDIX A - Definitions A-1](#__RefHeading___Toc209246507)

[APPENDIX B - FAR GREEN PROCUREMENT REQUIREMENTS
B-1](#__RefHeading___Toc209246508)

[APPENDIX C -- SUMMARY OF PROCUREMENT EXCEPTIONS
C-1](#__RefHeading___Toc209246509)

[APPENDIX D -- REQUEST FOR PROCUREMENT EXCEPTION SAMPLE FORMAT
D-1](#__RefHeading___Toc209246510)

[APPENDIX E -- GREEN PROCUREMENT WEBSITES
E-1](#__RefHeading___Toc209246511)

**Green Procurement Program**

[]{#__RefHeading___Toc209246473 .anchor}**SECTION 1 -- OVERVIEW**

1.  []{#__RefHeading___Toc209246474 .anchor}**Background**

As a federal agency in the Executive Branch, the Department of Commerce
(DOC) must comply with Federal laws and regulations to purchase "green"
products and services wherever possible. As used in this document,
"green" procurement is the acquisition of environmentally preferable
products and services in accordance with one or more established Federal
environmental procurement preference programs. In day-to-day operations,
the Department has the obligation to be environmentally and energy
responsible in its selection and use of products and services. Acquiring
environmentally preferable products and services contributes to the
sound management of the Department's financial resources, natural
resources, and energy. Proper attention to environmentally preferable
acquisition demonstrates the Department's commitment to environmental
stewardship and sustainability by becoming a model consumer of green
products and services.

Executive Order 13423, "Strengthening Federal Environmental, Energy, and
Transportation Management," was signed on January 24, 2007. The order
directs Federal agencies to conduct their environmental, transportation,
and energy-related activities, in support of their respective missions,
in an environmentally, economically and fiscally sound manner that is
efficient and sustainable. It is the Department's policy to specify and
acquire, in an environmentally preferable and sustainable manner,
products and services that minimize solid waste, prevent pollution, save
energy, reduce greenhouse gas emissions, and encourage public support
and participation.

2.  []{#__RefHeading___Toc209246475 .anchor}**Purpose**

The purpose of the Department of Commerce Green Procurement Program
(GPP) is to implement Executive Order 13423, Strengthening Federal
Environmental, Energy, and Transportation Management; Section 6002 of
the Resource Conservation and Recovery Act; Section 9002 of the Farm
Security and Rural Investment Act; Section 104 of the Energy Policy Act;
Section 612 of the Clean Air Act; Executive Order 13221, Energy
Efficient Standby Power Devices; and the Federal Acquisition Regulation.
The Green Procurement Program provides Department-wide acquisition
guidance for implementing an effective Green Procurement Program and
replaces the previous Commerce Acquisition Manual (CAM) 1323.70
Affirmative Procurement Program (APP) issued December 2005.

3.  []{#__RefHeading___Toc209246476 .anchor}**Applicability**

This Green Procurement Program applies to all Department of Commerce
organizational units and applicable contractors and purchases including
those below the micro purchase threshold.

4.  []{#__RefHeading___Toc209246477 .anchor}**Policy**

It is the policy of DOC to implement green procurement policies to
conserve resources, provide good stewardship of the environment and
reduce the negative impact on the environment. Green products and
services shall be purchased to the maximum extent practicable,
consistent with the requirements of the Federal Acquisition Regulation
(FAR) and Federal green procurement preference programs. Appendix B
provides a summary of green procurement requirements included in the
FAR.

5.  []{#__RefHeading___Toc209246478 .anchor}**Scope**

Programs covered under the policy include:

-   Recovered Materials Products;

-   Biobased Products;

-   Energy Efficient Products;

-   Electronic Product Environmental Assessment Tool Products;

-   Water Efficient Products;

-   Alternative Fuels Vehicles/Alternative Fuels/Hybrids;

-   Non-Ozone Depleting Products;

-   Environmentally-Preferable Products and Services; and

-   Waste Prevention and Recycling.

    2.  []{#__RefHeading___Toc209246479 .anchor}**Roles and
        Responsibilities**

        1.  **Senior Agency Official**

The Senior Agency Official, with support from Office of Administrative
Services (OAS) staff, is responsible for implementing Executive Order
13423; directing and establishing environmental and energy performance
measures and data input to meet Office of Management and Budget (OMB)
scorecard reporting requirements; providing overall Departmental
leadership for the Green Procurement Program; submitting annual
environmental reports to the Office of Federal Procurement Policy (OFPP)
and Office of the Federal Environmental Executive (OFEE); facilitating
environmental programs in the areas of acquisition, facilities
management, standards, waste prevention, recycling, and logistics
activities; distributing information on best practices through awareness
and outreach programs to facilitate markets for environmentally
preferable products, services and new technologies; facilitating and
coordinating educational and promotional programs for Department
employees and contractors; and conducting reviews to determine progress
and compliance with Green Procurement Program requirements.

**1.6.2 Senior Procurement Executive (SPE)**

The Senior Procurement Executive is responsible for providing senior
acquisition leadership for implementing the Department's Green
Procurement Program; ensuring that green procurement requirements are
addressed in DOC acquisition policy and guidance; encouraging
acquisition strategies that consider and promote the use of green
products and services; establishing requirements for training of
acquisition personnel in green procurement; ensuring that Senior Bureau
Procurement Officials conduct compliance monitoring of their green
procurement data and overseeing corrective actions; and working with the
Senior Agency Official and OAS staff to review and analyze green
procurement indicators.

3.  **Environmental Designee**

The Environmental Designee is responsible for promoting green awareness
and the Green Procurement Program; advising Requesting Officials,
Contracting Officer Representatives and Contracting Officers on sources
for environmentally preferable products and services; providing support
in areas such as environmentally preferable specifications, statements
of work, and current catalogs for green products and services; reviewing
and concurring in Requests for Procurement Exceptions under the
Department's Green Procurement Program; reviewing and submitting green
data; and recommending employees and teams for recognition and awards.

4.  **Office of Chief Information Technology (OCIO) Designee**

The Office of Chief Information Officer designee is responsible for
advising and providing support to Requesting Officials, Contracting
Officer Representatives, and Contracting Officers in the appropriate use
of specifications and requirements descriptions, in compliance with
Departmental Information Technology (IT) policies; and for reviewing and
concurring in Requests for Procurement Exceptions under the Department's
Green Procurement Program for acquisitions involving information
technology.

**1.6.5 Senior Bureau Procurement Official (BPO)**

Senior Bureau Procurement Officials are responsible for implementing
procurement best practices in relation to green purchasing; promoting
and implementing the Green Procurement Program within their contracting
offices; working in partnership with the Environmental Designee to
report green procurement data; ensuring that acquisition personnel are
trained in green procurement; monitoring and annually reviewing the
effectiveness of the green procurement program; responding to reporting
requirements in response to annual OFPP and OFEE survey requests;
recommending employees and teams for the Department's environmental
award; and designating a point of contact to coordinate with the Office
of Acquisition Management (OAM) on matters relating to green
procurement.

**1.6.6 Contracting Officers**

Contracting Officers are responsible for complying with requirements of
the FAR and the Green Procurement Program; assisting the Requesting
Official in acquisition planning and market research to determine
availability of environmentally preferable goods and services; ensuring
acquisition plans address federal procurement preferences; reviewing
procurement requests to ascertain whether green products or services are
involved; completing and reporting green training taken to supervisors;
recommending green training for Requesting Officials, Contracting
Officer Representatives, and project managers, as appropriate; ensuring
solicitation and contract documents contain appropriate provisions and
FAR clauses to implement the Green Procurement Program; ensuring
contract files contain appropriate Requests for Procurement Exceptions
and other post-award contract administration plans, actions, and
communication that affirm green procurement requirements and product
delivery, as applicable; accurately reporting contract actions in the
Federal Procurement Data System (FPDS); and meeting with contractors
after award to reinforce their role in the procurement of green products
and services.

**1.6.7 Requesting Officials**

Requesting Officials are responsible for reviewing and becoming familiar
with the Green Procurement Program; ensuring that relevant green
procurement requirements are considered early in the acquisition
strategy and identified prior to submission of the procurement request;
consulting with contracting, environmental, and energy personnel to
facilitate market research and acquisition planning, and enhance
statements of work or specifications that incorporate green procurement
requirements; preparing and documenting Requests for Procurement
Exceptions, when applicable; managing the contract to ensure green
procurement requirements are addressed and delivered in accordance with
terms of the contract.

6.  []{#__RefHeading___Toc209246480 .anchor}**Points of Contacts**

    1.  **Environmental Contacts**

For questions relating to environmental issues or Environmental
Designees contact:

Environmental Manager at <gogreen@doc.gov> or 202-482-3580

Energy Safety and Environment Division

Office of Administrative Services

Department of Commerce

2.  **Office of Chief Information Technology Officer Contacts**

For questions relating to information technology or OCIO Designees refer
to the OCIO website at <http://home.commerce.gov/cio/CIO_Members.htm>

3.  **Acquisition Contacts**

For questions relating to acquisition please contact your servicing
acquisition offices at:
<http://oamweb.osec.doc.gov/aboutOAM_organization_CAS.html> (for Office
of the Secretary)

or

<http://oamweb.osec.doc.gov/aboutOAM_organization_Other.html> (for NOAA,
NIST, PTO and Census);

or:

Acquisition Workforce and Policy Division at 202-482-6131

Room 1854

Office of Acquisition Management

Department of Commerce

**END OF SECTION 1**

[]{#__RefHeading___Toc209246481 .anchor}**SECTION 2 -- GREEN PREFERENCE
PROGRAMS**

1.  []{#__RefHeading___Toc209246482 .anchor}**Recovered Materials and
    Biobased Products**

    **2.1.1 Recovered Materials**

The procurement of recycled content products is established in section
6002 of the Resource Conservation and Recovery Act (RCRA) and Executive
Order 13423, "Strengthening Federal Environmental, Energy, and
Transportation Management." Recycled content products are products that
are made from or contain recovered materials. There are currently more
than 60 designated products in eight categories: paper and paper
products, vehicular, construction, landscaping, park and recreation,
transportation, non-paper office, and miscellaneous products. Examples
of designated products include: structural fiberboard, plastic lumber
landscaping timbers and post, printing and writing papers, playground
equipment, retread tires, and sorbents. Through the Comprehensive
Procurement Guidelines, the Environmental Protection Agency (EPA)
manages the program. The current list of designated products, EPA's
guidance, and related technical information can be found at
[www.epa.gov/cpg](http://www.epa.gov/cpg)

DOC shall procure EPA-designated recycled content products unless the
item cannot be acquired competitively within a reasonable time frame,
meeting reasonable performance standards, or at a reasonable price.
Contracting Officers shall ensure that, a preference is included for
products and services which meet or exceed the EPA purchasing guidelines
as contained in the EPA Recovered Materials Advisory Notices (RMANS) for
such solicitations and contracts. Additional information on this program
is located at <http://www.epa.gov/cpg/products.htm>.

**2.1.1.1 Vendor Certification, Estimation, and Verification**

Contracting Officers shall assure that vendors provide written
certifications that their products meet the minimum content in the
solicitation document; maintain copies of certification documents; and
produce copies of the written certification upon request. For purchase
above the simplified acquisition threshold, contracting officers shall
obtain estimates and certifications of the recycled content in the
products to be supplied under a contract and verify those estimates and
certifications. The estimates should be used as a basis to revise
content standards. Vendor certification documents shall be reviewed as
part of the annual review and monitoring process to verify contractor
compliance.

2.  **Biobased Products**

The procurement of biobased products is established in section 9002 of
Farm Security and Rural Investment Act (FSRIA) of 2002 and Executive
Order 13423. Biobased products are products determined by the Secretary
of Agriculture to be commercial or industrial products (other than food
or feed) that are composed in whole, or in significant part, of
biological products or renewable domestic agricultural materials
(including plant, animal, and marine materials) or forestry materials.
Examples of United States Department of Agriculture (USDA) designated
biobased products include mobile equipment hydraulic fluids, roof
coatings, diesel fuel additives, penetrating lubricants, water tank
coatings, and bedding, bed linens, and towels. Information on these
designated products, USDA's guidance, and related documentation can be
found at USDA's web site at
[www.biopreferred.gov/](http://www.biopreferred.gov/).

DOC shall procure USDA-designated biobased items unless the item cannot
be acquired competitively within a reasonable time frame, meeting
reasonable performance standards, or at a reasonable price. Preference
shall be given to the purchase of USDA designated items composed of the
highest percentage of the biobased products practicable, consistent with
maintaining a satisfactory level of competition.

**2.1.3** **Program Priorities**

When either a USDA-designated item or EPA-designated item could meet the
agency's need, the EPA-designated items shall be specified.

2.  []{#__RefHeading___Toc209246483 .anchor}**Energy Efficient
    Products**

DOC shall procure ENERGY STAR® or Federal Energy Management Program
(FEMP) designated products when acquiring energy-consuming products.
When acquiring products that consume power in a standby mode and are
listed on FEMP's Low Standby Power Devices product listing, items shall
be purchased that meet FEMP's standby power wattage recommendation. If a
FEMP product is listed without a corresponding wattage recommendation,
items which use no more than one watt in their standby power consuming
mode shall be purchased.

**2.2.1 ENERGY STAR®**

ENERGY STAR® products are products that are rated for energy efficiency
under the ENERGY STAR® program. These products use less energy to
perform the same operation or function as a comparable piece of
equipment. Examples of ENERGY STAR® products include computers, copiers,
clothes washers, dishwashers, light fixtures, and compact fluorescent
light bulbs. Additional information on ENERGY STAR® Products is located
at <http://www.energy.gov/energyefficiency/energystar.htm>.

2.  **Federal Energy Management Program**

Federal Energy Management Program designated products are among the
highest 25 percent of equivalent products for energy efficiency.
Examples of FEMP-designated products include electric and gas water
heaters, ice machines, boilers, and chillers. Information on
FEMP-designated products can be found on
<http://www1.eere.energy.gov/femp/procurement/index.html>.

**2.2.3 Low Standby Power**

Low standby power products are products that use one watt of power or
less during standby ("sleep") mode. Examples of these products include
scanners, copiers, and fax/printers. FEMP provides information on
products that use low amounts of power in standby mode, and maintains an
on-line database of lower standby power products. Information on low
standby power products can be found on FEMP's web site at
[www.eere.energy.gov/femp/procurement](http://www.eere.energy.gov/femp/procurement).

3.  []{#__RefHeading___Toc209246484 .anchor}**Electronic Product
    Environmental Assessment Tool (EPEAT) Products**

The procurement of Electronic Product Environmental Assessment Tool
products is established in Executive Order 13423. EPEAT is an
application that helps purchasers acquire electronic products based on
their environmental attributes. EPEAT currently registers only desktop
computers, monitors and notebooks, all of which must be ENERGY STAR®
qualified to be registered. Additional Information on EPEAT is available
at [www.epeat.net](http://www.epeat.net/).

DOC shall procure EPEAT-registered electronic products unless an
exception is approved. Applicable information technology contracts shall
incorporate appropriate language and clauses for the procurement of
EPEAT**-**registered equipment. At a minimum, EPEAT Bronze-level
products shall be specified; however, Silver-rated electronic products
or higher shall be specified if available. At least 95 percent of annual
requirements for electronic products shall be fulfilled with
EPEAT-registered products where an EPEAT standard exists.

4.  []{#__RefHeading___Toc209246485 .anchor}**Water Efficient Products**

The procurement of water efficient products is established in Executive
Order 13423. WaterSense is a program that identifies and promotes water
efficient products that meet criteria for water efficiency and
performance. Examples of products that have met the EPA WaterSense label
include: high efficiency toilets, sink faucets, showerheads, urinals,
and landscape irrigation systems. Additional information on the
WaterSense Program is available at <http://www.epa.gov/watersense>

Preference shall be provided to the purchase of water efficient
products, including those meeting EPA's WaterSense standards. The
purchase of WaterSense labeled products and the use of contractors who
are certified through a WaterSense labeled program shall be acquired,
where applicable.

5.  []{#__RefHeading___Toc209246486 .anchor}**Alternative Fuel
    Vehicles/Alternative Fuels/Hybrids**

The alternative fuel vehicle/alternative fuels/hybrids program
requirements are established by Title III of the Energy Policy Act
(EPAct) of 1992, as amended, the Energy Investment and Security Act of
2007, and Executive Order 13423. The statutory requirement for the
acquisition of alternative fuel vehicles is that 75% of light duty
vehicle acquisitions in covered fleets must be alternative fuel
vehicles. Alternative fuel vehicles are defined as any dedicated,
flexible-fuel, or dual-fuel vehicle designed to operate on at least one
alternative fuel. Alternative fuels are fuels that are substantially
non-petroleum based fuels and include, but are not limited to, the
following: ethanol at an 85% blend or higher; liquefied petroleum gas
(propane); compressed natural gas; biodiesel; electricity; hydrogen; and
P-series fuels. Information on Federal fleet requirements are available
at <http://www1.eere.energy.gov/vehiclesandfuels/epact/index.html> .

6.  []{#__RefHeading___Toc209246487 .anchor}**Non-Ozone Depleting
    Products**

The procurement of non-ozone depleting substances is established in
section 612 of the Clean Air Act and Executive Order 13423. The
Significant New Alternative Policy (SNAP) is a program for evaluating
alternatives to ozone depleting substances. The program reviews
alternatives to ozone depleting substances and approves use of
alternatives which do not present a substantially greater risk to public
health and the environment than the substances they replace or than
other available substitutes. SNAP provides lists of acceptable and
unacceptable substitutes in the following sectors: fire suppressants,
aerosol solvents and propellants, refrigeration and air conditioning
equipments, and adhesives and coatings. Information about the SNAP
Program is available at
[www.epa.gov/ozone/snap/index.html](http://www.epa.gov/ozone/snap/index.html).

Preference shall be provided to the purchase of non-ozone depleting
substances, as identified in EPA's Significant New Alternatives Policy
program. DOC shall specify and procure alternative products that reduce
overall risks to human health and the environment. The use of safe
alternatives to ozone depleting substances, as approved by the SNAP
program, shall be maximized to the greatest extent possible.

7.  []{#__RefHeading___Toc209246488 .anchor}**Environmentally Preferable
    Products and Services**

The procurement of environmentally preferable products (EPP) and
services is established in Executive Order 13423. Environmentally
preferable products are 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 products or services. Examples include cleaning
products that are non-toxic, non-volatile, and biodegradable; paint with
no or low volatile organic compounds; and 100 percent post-consumer
paper that is not chemically de-inked and is process chlorine free. An
EPA maintained database of products and specifications defined by
Federal, state, and local agencies, and other nations is available at
<http://www.epa.gov/epp>.

Preference shall be provided to the purchase of environmentally
preferable products. Acquisition personnel shall use EPA's Guidance on
the Acquisition of Environmentally Preferable Products and Services
located at <http://www.epa.gov/epp/pubs/index.htm> when acquiring
environmentally preferable products.

**2.7.1 Green Cleaning**

Green cleaning, also known as green janitorial or custodial service is
an approach designed to protect occupant and worker health and reduce
the impact on the environment, while delivering service comparable to,
or better than, traditional cleaning methods. A Green janitorial program
goes beyond simple appearances to focus on human health and
environmental impacts. Green cleaning includes recycled content and
bio-based products, and products and services that minimize the use of
energy, water, and other resources. DOC buildings should use
performance-based contracts that require green custodial products and
practices. Green cleaning specifications shall be incorporated into
solicitations and contracts for janitorial or custodial service
acquisitions whenever possible. Sample janitorial contract templates
using biobased products can be found at
<http://www.usda.gov/procurement/programs/biobased/CustodialJanitorialFY08.pdf>.
Additional information on the environmental attributes of green cleaning
is located at <http://www.epa.gov/epp/pubs/products/cleanattribut.htm>.

**2.7.2 Green Meetings**

Green Meetings pertain to office meetings as well as seminars,
conferences, and training and include concepts such as: reduction or
elimination of handouts; use of electronic media; availability of
recycling containers; use of durable food service items; and reuse of
linens and towels in hotels. Green concepts shall be incorporated into
meeting planning requirements wherever possible. Additional guidance on
Green Meetings can be found at
[http://www.epa.gov/oppt/greenmeetings/pubs/current_init.htm.](http://www.epa.gov/oppt/greenmeetings/pubs/current_init.htm. )

[]{#__RefHeading___Toc209246489 .anchor}**2.8 Waste Prevention and
Recycling Program**

When acquiring products and services, Requesting Officials, program
officials, and contracting personnel shall consider all waste prevention
opportunities such as recycling, reuse, and repair, and specify recycled
paper that contains a minimum of 30% post consumer fiber. To promote
waste prevention, the electronic transfer of documents and double-sided
printing and copying shall be encouraged and electronic acquisition
systems shall be utilized to the maximum extent practicable.

**END OF SECTION 2**

[]{#__RefHeading___Toc209246490 .anchor}**SECTION 3 -- ACQUISITION
STRATEGIES AND TOOLS**

1.  []{#__RefHeading___Toc209246491 .anchor}**Acquisition Planning**

The acquisition of energy efficient products and services, products
containing energy efficient standby power devices, products containing
recovered materials, biobased products, and environmentally preferable
products and services will be considered during acquisition planning.
Acquisition plans shall address environmental and energy factors
throughout the acquisition process in order to save money, increase
efficiency, and reduce pollution. The Environmental Designee and Senior
Bureau Procurement Official shall jointly review acquisition forecasts
and other acquisition planning documents to maximize opportunities for
green procurement. The purchase of green products and services should be
considered in strategic sourcing opportunities, when feasible.

**3.1.1 Major Acquisitions**

Major acquisitions with environmental attributes (e.g., large computer
products acquisition; design and construction of new building; etc.)
shall include the participation of environmental, energy, IT,
representatives, managers, and technical experts as needed.
Consideration should be given to using an integrated product team. The
acquisition strategy shall consider factors such as: sustainable design
practices; lifecycle cost analysis; product or packaging take back
(return to manufacturer for recycling or remanufacturing purposes); and
maximization of energy and resource recovery in solid waste management.

2.  []{#__RefHeading___Toc209246492 .anchor}**Specifications and
    Requirements**

The process of acquiring green products or services is a collaborative
effort that begins with the Requesting Official, with assistance and
consultation from the acquisition office, the Environmental Designee,
and the OCIO Designee for IT requirements. The Requesting Official shall
ensure that goods and services to be procured comply with specific
requirements regarding environmental attributes. Requesting officials
shall develop, review and revise specifications, product descriptions,
and standards during the acquisition planning stage to enhance
procurement of designated recycled content, ENERGY STAR, FEMP-designated
energy efficient, low standby power, biobased, environmentally
preferable, EPEAT-registered, water-efficient and non-ozone depleting
products.

3.  []{#__RefHeading___Toc209246493 .anchor}**Sources of Supply**

    1.  **Mandatory Sources**

Green procurement requirements do not conflict with "mandatory source"
procurement provisions. Once the specification, including specific
requirements regarding environmental attributes, is finalized, mandatory
sources shall be considered to determine if they can provide the
specified product.

2.  **Government Sources**

Established Government sources, such as the General Services
Administration, Government Printing Office, AbilityOne, the Defense
General Supply Center and UNICOR are competitive sources. Procuring
environmentally preferable content products through these sources offers
the following advantages: products have been competitively bid; products
meet or exceed EPA minimum content requirements for recovered material;
and electronic catalogs identify green products**.** In addition, these
sources provide independent estimation, certification, and verification
of EPA-designated items containing recovered materials, thereby reducing
overhead costs to track and monitor vendor compliance.

**3.3.3 Small Business Sources**

When two or more small businesses exist that can provide recycled
content, ENERGY STAR®, FEMP designated, energy-efficient, low standby
power, biobased, environmentally preferable, EPEAT-registered, water
efficient, and non-ozone depleting products, as a prime contractor, the
requirement should be considered for a small business set-aside.

4.  []{#__RefHeading___Toc209246494 .anchor}**Source
    Selection/Evaluation**

Consideration should be given to using source selection factors that
evaluate use of energy and water efficient, low standby power, biobased,
recycled content, and environmentally preferable products and services.

5.  []{#__RefHeading___Toc209246495 .anchor}**Contractor Compliance**

Contractors that operate DOC facilities shall comply with the
requirements of the Green Procurement Plan as if the contractor were a
DOC entity and must monitor and report on their green procurement
related activities and the activities of their applicable
subcontractors.

**END OF SECTION 3**

[]{#__RefHeading___Toc209246496 .anchor}**SECTION 4 -- EXCEPTIONS TO
GREEN PREFERENCE PROGRAMS**

1.  []{#__RefHeading___Toc209246497 .anchor}**Written Justifications For
    Procurement Exceptions**

A decision not to procure the following classes of green products must
be supported by a written justification, approved as specified below.
The Requesting Official is responsible for preparing and documenting the
justification. The Contracting Officer shall place an approved
justification in the contract file. A copy of the approved justification
shall be provided by the Contracting Officer to the Requesting official,
Environmental Designee and, if the acquisition is for Information
Technology, to the Office of Chief Information Officer Designee. Written
justifications are not required for acquisitions below the
micro-purchase threshold, however green preference requirements still
apply. Appendix C provides a summary of the Procurement Exceptions in
FAR and Appendix D provides a sample format for a Request for
Procurement Exception.

**4.1.1 Recovered Materials and Biobased Products**

A decision not to procure EPA-designated recycled items or
USDA-designated biobased items directly or through a service contract
requires a written justification prepared by the Requesting Official
with concurrence from the Environmental Designee for approved by the
Contracting Officer. The justification shall be based on a determination
that such items: were not reasonably available with the time required;
fail to meet performance standards established in applicable
specifications or fail to meet the reasonable performance standards or;
are not available from a sufficient number of sources to maintain a
satisfactory level of competition.

**4.1.2 ENERGY STAR® and FEMP-designated products**

A decision not to procure ENERGY STAR® or FEMP designated products
requires a written justification prepared by the Requesting Official
with concurrence from the Environmental Designee for approval by the
Head of the Contracting Office. Requests for IT require additional
concurrence from the OCIO designee. The justification shall be based on
a determination that: no ENERGY STAR® or FEMP designated product is
reasonably available that meets the function requirements of the agency
or; no ENERGY STAR® or FEMP designated product is cost effective over
the life of the product taking energy cost savings into account.

**4.1.3 EPEAT Products**

A decision not to procure EPEAT registered products requires a written
justification prepared by the Requesting Official with concurrence from
the Environmental Designee and for approval by the HCO. Requests for IT
require additional concurrence from the OCIO designee. The justification
shall be based on a determination that no EPEAT-registered product meets
the agency's requirements or the EPEAT-registered product will not be
cost effective over the life of the product.

**END OF SECTION 4**

[]{#__RefHeading___Toc209246498 .anchor}**SECTION 5 -- GREEN PROMOTION
PROGRAM**

3.  []{#__RefHeading___Toc209246499 .anchor}**Promotion Program**

The preference for all green procurement programs covered the Green
Procurement Program shall be actively promoted within the Department.
Promotion shall be conducted internally and externally and consists of
outreach and training activities.

2.  []{#__RefHeading___Toc209246500 .anchor}**Outreach**

The Senior Procurement Executive and Senior Bureau Procurement Officials
shall ensure wide distribution of the Green Procurement Program, and
other green guidance and material within the Department. The Department
shall promote the desire to buy green products by: including preference
for green products in appropriate solicitation and contract language,
specifications, drawings, plans, statements of work, and during contract
negotiations; providing informational material to program and
procurement offices regarding DOC's green products preference program
through internal documents, newsletters, and at appropriate conferences,
workshops, and meetings; and providing vendor and product information
from established Federal supply sources and outside vendors to program
and acquisition offices.

3.  []{#__RefHeading___Toc209246501 .anchor}**Training**

    1.  **Training Requirements**

Green Procurement training should be taken by all acquisition
professionals, contracting officer representatives, and program and
project managers as part of the continuous learning requirements for the
Federal Acquisition Certification programs.

2.  **Training Providers**

    1.  **Federal Acquisition Institute/Defense Acquisition University
        Training**

Green Procurement (CLC 046) is a web-based, no cost, training course
developed by the Defense Acquisition University with participation by
the Office of the Federal Environmental Executive. Completion of CLC-046
meets OFEE and OFPP requirements for green procurement training for all
acquisition personnel, project/program managers, and contracting officer
representatives. Completion of CLC 046 course takes approximately 2
hours and conveys 2 continuous learning points. The course is available
through the Federal Acquisition Institute's website at
[http://www.fai.gov](http://www.fai.gov/) .

2.  **GSASmartPay® Purchase Card Training**

GSA SmartPay® Purchase Card Training is a computer based course
developed by the General Services Administration with input from OFEE.
The course includes a section on green purchasing. Completion of this
training will meet OFEE and OFPP requirements for purchase card holder
green purchasing training. The course is available at
<http://www.gsa.gov/Portal/gsa/ep/contentView.do?P=FCX5&contentId=13034&contentType=GSA_BASIC>.

3.  **ENERGY STAR®**

**ENERGY STAR®** offers a monthly on-line training that demonstrates the
benefits and resources of ENERGY STAR® Purchasing, and reviews the
resources on the procurement section of the Federal Energy Management
Program's web site. The one-hour training illustrates the use of product
calculators that determine annual and lifecycle cost savings obtained by
purchasing ENERGY STAR® products. The presentation also identifies
downloadable procurement language and ENERGY STAR® product
specifications. The course is available at
[www.energystar.gov/index.cfm?c=business.bus_internet_presentations](http://www.energystar.gov/index.cfm?c=business.bus_internet_presentations).

4.  **Office of the Federal Environmental Executive**

The Office of the Federal Environmental Executive website identifies
additional classroom training for agency contracting, environmental, and
facilities personnel. The training addresses each component of the
Federal green purchasing program, the legal framework for the green
purchasing programs, pertinent Federal Acquisition Regulation
provisions, common myths about green purchasing, specifics of the green
purchasing programs, agency green purchasing examples, and product
sources. OFEE also offers a general Introduction to Green Purchasing
presentation, a train-the-trainer program, and a list of other training
available at <http://www.ofee.gov/gp/training.asp>.

5.  **Federal Energy Management Program**

Federal Energy Management Program offers an online lighting course, FEMP
Lights, that provides information on lighting design, industry
standards, energy consumption and maintenance issues, energy efficiency,
project management, and more. The course is available at
[http://www.femplights.com](http://www.femplights.com/).

3.  **Training Records**

Employees shall keep records of their completed training, notify their
supervisors of their completion, and report completion training in
accordance with the Commerce Learning Management System policies and
guidance.

[]{#__RefHeading___Toc209246502 .anchor}**5.4 Annual Recognition
Program**

**5.4.1 Environmental Achievement Award**

DOC has established an annual awards program, the Environmental
Achievement Award, to recognize successful and innovative waste
prevention, recycling, and affirmative procurement programs throughout
the Department. The program is administered by the Office of
Administrative Services as part of DOC's environmental program. Award
winners are eligible to compete in the White House Closing the Circle
Awards Program.

The Environmental Achievement Award program covers all DOC personnel and
programs which directly address recycling, waste reduction, green
procurement, and pollution prevention. Awards are given for excellence
of performance in the following categories: Waste/Pollution Prevention,
Recycling, Green Purchasing, Environmental Management Systems,
Sustainable Design/Green Buildings, Alternative Fuels/Fuel Conservation
and Electronics Stewardship. The awards program manager shall issue a
call for nominations annually.

**5.4.2 White House Closing the Circle Awards Program**

The White House Closing the Circle Awards program was developed to
recognize Federal employees and their facilities for efforts which
resulted in significant impact on the environment in specific categories
under Executive Order 13423. This program recognizes outstanding
affirmative procurement, waste reduction, and recycling success stories
that can set the example for other Federal facilities to follow. The
award categories are: Waste/Pollution Prevention, Recycling, Green
Purchasing, Environmental Management Systems, Sustainable Design/Green
Buildings, Alternative Fuel/Fuel Conservation and Electronics
Stewardship.

Each category recognizes efforts made by either an individual Federal
employee ("individual award") or team/groups of Federal employees
(including teams made of Federal and contract employees) at government
facilities ("team/project award"). Winners of DOC's Environmental
Achievement Award will be submitted to the White House Task Force on
Recycling for consideration in the White House Closing the Circle Awards
Program.

**END OF SECTION 5**

[]{#__RefHeading___Toc209246503 .anchor}**SECTION 6 -- ANNUAL REVIEW AND
MONITORING**

3.  []{#__RefHeading___Toc209246504 .anchor}**Annual Compliance
    Monitoring**

Senior Bureau Procurement Officials are responsible for establishing
compliance monitoring to ensure green procurement rules are followed and
data is accurate. They are also responsible for taking any corrective
action necessary to improve the data quality which will be used in
annual reports.

2.  []{#__RefHeading___Toc209246505 .anchor}**Green Quality Control**

Senior Bureau Procurement Officials are responsible for establishing
internal controls to ensure that federal "green" procurement preferences
are being applied. Contracting officers are responsible for ensuring
that all applicable clauses, provisions, and certifications requirements
are included in solicitations and contracts, as required by Federal
Acquisition Regulation. Contracting officers shall ensure contractors
complete required certifications, and certifications are reviewed by the
responsible technical program office.

3.  []{#__RefHeading___Toc209246506 .anchor}**Annual Monitoring and
    Reporting**

DOC activities in connection with green purchasing are reported
biennially to the President as required by Executive Order 13423 and as
otherwise required. OFPP collects data annually from the Department. The
Senior Procurement Executive will request acquisition data from the
Senior Bureau Procurement Official for inclusion in required reports.
The Senior Bureau Procurement Official shall provide accurate, complete,
consolidated, and timely data to the SPE in response to data requests.
Requests may include but are not limited to: Qualitative data on
purchases of indicator items; contract compliance data reported through
the FPDS system; data documenting the results in agency or governmental
pilots; evidence of preference language or consideration included in
service contracts, procurement forecasts, solicitations, and strategic
sourcing studies; and/or evidence of annual training, compliance
monitoring, and corrective action plans.

**END OF SECTION 5**

**END OF CAM 1323.70**

**APPENDICES**

[]{#__RefHeading___Toc209246507 .anchor}**APPENDIX A - Definitions**

**Definitions**

**[Acquisition]{.underline}** -- Acquiring of supplies or services
(including construction) with appropriated funds by contract for the use
of the Federal Government through purchase or lease, whether the
supplies or services are already in existence or must be created,
developed, demonstrated, and evaluated,

**[Affirmative Procurement Program]{.underline}** -- Agency program
assuring that EPA-designated recycled content products and
USDA-designated biobased products are purchased to the maximum extent
practicable, consistent with Federal law and procurement regulations.

**[Alternative Fuel]{.underline}** -- Fuels that are substantially
non-petroleum based and include, but are not limited to, ethanol at
85%blend or higher, liquefied petroleum gas (propane), compressed
natural gas, biodiesel; electricity, hydrogen; and P-series fuels.

**[Biobased Product]{.underline}** -- A 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 or renewable domestic agricultural
materials (including plant, animal, and marine materials) or forestry
materials**.**

**[Certification]{.underline} --** Written documentation, provided by
offerors, certifying the percentage of recovered material contained in
products, or to be used in the performance of the contract, is at least
the amount required by applicable specifications or other contractual
requirements. Certification on multi-component or multi-material
products should verify the percentage of postconsumer materials and
recovered material contained in the major constituents of the product.

**[Comprehensive Procurement Guidelines]{.underline}** -- Regulations
issued by EPA identifying items produced or which can be produced with
recovered materials.

**[Electronic Product Environmental Assessment Tool]{.underline}** -- An
environmental procurement tool designed to help institutional purchasers
in the public and private sectors evaluate, compare, and select
electronic products based on their environmental attributes.

**[Energy Efficient Product]{.underline} --** A product that meets
Department of Energy and Environmental Protection Agency criteria for
use of the ENERGY STAR® trademark label, or is in the upper 25 percent
of efficiency for all similar products as designated by the Department
of Energy's Federal Energy Management Program.

**[Federal Energy Management Program Designated Product]{.underline} -**
A product designated by the Federal Energy Management Program,
Department of Energy, as being among the highest 25 percent of
equivalent products for energy efficiency.

**[Energy Efficient Standby Power]{.underline} --** Products that use
external standby power devices or 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 the Department of Energy Federal Energy Management Program
.

**[ENERGY STAR® Product]{.underline}** - Product that is rated for
energy efficiency under an ENERGY STAR® program.

**[Energy-savings Performance Contract]{.underline} --** A contract that
requires the contractor to 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; 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
guarantee future energy and cost savings to the government.

**[Environmentally Preferable Product]{.underline}** -- Product or
service that has a lesser or reduced effect on human health and the
environment when compared with competing products or services that serve
the same purpose.

**[Environmental]{.underline} --** Environmental aspects of internal
agency operations and activities, including those environmental aspects
related to energy and transportation functions.

[**Estimation**]{.underline} -- Quantitative determination made by
vendors of the total percentage of recovered material contained in
offered products.

**[EPA-designated item]{.underline} --** Product that is, or can be made
with, recovered material that is listed by EPA in a procurement
guideline; and for which EPA has provided purchasing recommendations in
a related Recovered Material Advisory Notice.

**[Lifecycle Cost-effective]{.underline} --** The life-cycle costs of a
product, project, or measure are estimated to be equal to or less than
the base case (i.e., current or standard practice or product).

**[Minimum Content Standard]{.underline}** -- The minimum recovered
material content of a product. The standard must be high enough to
assure the recovered material content required is the maximum available
without jeopardizing the intended item use of the product.

**[Ozone-depleting Substances]{.underline}** -- Any substance designated
by EPA as Class I, including, but not limited to, chlorofluorocarbons,
halons, carbon tetrachloride, and methyl chloroform; or Class II,
including, but not limited to, hydrochlorofluorocarbons.

**[Preference]{.underline}** -- When two products or services are equal
in performance characteristics and price, the Government, in making
purchasing decisions, will favor the more environmentally-sound or
energy-efficient.

**[Recycled Materials]{.underline} --** A material that can be utilized
in place of a raw or virgin material in manufacturing a product and
consists of materials derived from post-consumer waste, industrial
scrap, material derived from agricultural waste and other items, all of
which can be used in the manufacture of new products.

**[Recycling]{.underline} --** The series of activities, including
collection, separation, and processing, by which products or other
materials are recovered from the solid waste stream for use in the form
of raw materials in the manufacture or products other than fuel for
producing heat or power by combustion.

**[Recovered Material]{.underline}** -- Waste material and by-products
recovered or diverted from solid waste, but the term does not include
those materials and by-products generated from, and commonly reused
within, an original manufacturing process.

**[Recovered Materials Advisory Notice]{.underline}** -- Guidance issued
by EPA which recommends the range of recycled content that should be in
products designated in the Comprehensive Procurement Guidelines.

**[Recovered Content Products]{.underline}** -- Products containing
recovered materials designated for Federal preferred procurements by the
EPA in its Comprehensive Procurement Guidelines.

**[Specification]{.underline}** -- A clear and accurate description of
the technical requirements for materials, products, or services,
including the minimum requirements for material quality and construction
and any equipment necessary for an acceptable product.

**[Sustainable]{.underline}** -- 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 of Americans.

**[USDA-designated Items]{.underline} --** A generic grouping of
products that are, or can be made with, biobased materials, are listed
by USDA in a procurement guideline, and for which USDA has provided
purchasing recommendations.

**[Verification]{.underline}** -- Procedures used by procuring agencies
to confirm both vendor estimates and certification of the percentages of
recovered material contained in the products supplied to them or to be
used in the performance of the contract.

**[Waste Prevention]{.underline}** -- Any change in the design,
manufacturing, purchase, or use of materials or products (including
packaging) to reduce their amount or toxicity before they are discarded.

**[Waste Reduction]{.underline}** -- Preventing or decreasing the amount
of waste being generated through waste prevention, recycling, or
purchasing recycled and environmentally preferable products.

**[Water Efficient Product or Service]{.underline}** --Product or
service that uses less water than competing products or services that
serve the same purpose, including those meeting EPA's WaterSense
standards.

[]{#__RefHeading___Toc209246508 .anchor}**APPENDIX B - FEDERAL
ACQUISITION REGULATION GREEN PROCUREMENT REQUIREMENTS**

**(Updated through FAC 2005-26)**

+-----------------+----------------------------------------------------+
| **Federal       | **Summary**                                        |
| Acquisition     |                                                    |
| Regulation      |                                                    |
| (FAR)**         |                                                    |
+=================+====================================================+
| **Part 2**      | Contains definitions for biobased,                 |
|                 | energy-efficient, energy efficient standby power   |
|                 | device, environmentally preferable, ozone-deleting |
|                 | substances, and recovered material.                |
+-----------------+----------------------------------------------------+
| **Part 7**      | Requires agency planners to consider energy        |
|                 | efficient products and services, products          |
|                 | containing energy efficient standby power devices, |
|                 | products containing recovered materials, biobased  |
|                 | products, and environmentally preferable products  |
|                 | and services.                                      |
+-----------------+----------------------------------------------------+
| **Part 11**     | > Requires agencies to consider maximum            |
|                 | > practicable use of energy and water, low standby |
|                 | > power, biobased, recycled content, and           |
|                 | > environmentally preferable products and services |
|                 | > when developing, reviewing, or revising          |
|                 | > specifications, product descriptions (including  |
|                 | > commercial item descriptions) and standards,     |
|                 | > describing government requirements for supplies  |
|                 | > and services and developing source selection     |
|                 | > factors.                                         |
|                 | >                                                  |
|                 | > Requires that for high-speed copier paper,       |
|                 | > offset paper, forms bond, computer printout      |
|                 | > paper, carbonless paper, file folders, white     |
|                 | > wove envelopes, writing and office paper, book   |
|                 | > paper, cotton fiber paper, and cover stock, the  |
|                 | > minimum content standard must be no less than 30 |
|                 | > percent post-consumer materials.                 |
|                 | >                                                  |
|                 | > May require offerors to submit additional        |
|                 | > information on the recycled or biobased content  |
|                 | > or related standards. May require vendors for    |
|                 | > biobased products to provide information on life |
|                 | > cycle costs and environmental and health         |
|                 | > benefits.                                        |
+-----------------+----------------------------------------------------+
| **Part 12**     | May use provisions and clauses contained in Part   |
|                 | 23 regarding the use of recovered material and     |
|                 | biobased products when appropriate for the         |
|                 | commercial item being acquired.                    |
+-----------------+----------------------------------------------------+
| **Part 13**     | Apply procurement requirements in Subparts 23.2,   |
|                 | 23.4, and 23.7 to purchases at or below the        |
|                 | micro-purchase threshold.                          |
+-----------------+----------------------------------------------------+
| **Part 23**     | States that it is the policy that agencies shall   |
|                 | assure the use of products containing recovered    |
|                 | materials and biobased products to the maximum     |
|                 | extent practicable without jeopardizing the        |
|                 | intended use of the product while maintaining a    |
|                 | satisfactory level of competition at a reasonable  |
|                 | price. Part 23 also requires that Federal agencies |
|                 | purchase ENERGY STAR® or FEMP designated product   |
|                 | and products that consume power in a standby mode  |
|                 | and are listed on FEMP's Low Standby Power Devices |
|                 | product listing. Part 23 also states that agencies |
|                 | must maximize the utilization of environmentally   |
|                 | preferable products and services. Shall give       |
|                 | preference to the procurement of alternative       |
|                 | products that reduce overall risks to human health |
|                 | and environment by lessening the depletion of      |
|                 | ozone.                                             |
+-----------------+----------------------------------------------------+
| **Part 36**     | Comply with requirements of FAR SubPart 23.2 when  |
|                 | drafting facility design solicitations and         |
|                 | contracts that include the specifications of       |
|                 | energy-consuming products.                         |
+-----------------+----------------------------------------------------+
| **Part 42**     | Requires the government to monitor contractor      |
|                 | compliance with specifications or other            |
|                 | contractual requirements requiring the delivery or |
|                 | use of environmentally preferable products,        |
|                 | energy-efficient products, products containing     |
|                 | recovered materials, and biobased products.        |
+-----------------+----------------------------------------------------+
| **FAR Clauses   | **Affirmative Procurement:**                       |
| Include:**      |                                                    |
|                 | **52.223-1 Biobased Product Certification**        |
|                 | (Insert in solicitations that                      |
|                 |                                                    |
|                 | \(1\) require use of USDA-designated items or (2)  |
|                 | include clause                                     |
|                 |                                                    |
|                 | 52.223-2) .                                        |
|                 |                                                    |
|                 | **52.223-2 Affirmative Procurement of Biobased     |
|                 | Products Under Service and Construction            |
|                 | Contracts** (Insert in service of construction     |
|                 | solicitations and contracts unless the contract    |
|                 | will not involve use of USDA-designated items at   |
|                 | <http://www.usda.gov/biopreferred> or 7 CFR Part   |
|                 | 2902.)                                             |
|                 |                                                    |
|                 | **52.223-4** **Recovered Materials Certification** |
|                 | (Insert in solicitations                           |
|                 |                                                    |
|                 | that (1) require the delivery or specify the use   |
|                 | of EPA                                             |
|                 |                                                    |
|                 | designated items or that include the clause at     |
|                 | 52.223-17.                                         |
|                 |                                                    |
|                 | **52.223-9** **Estimate of Percentage of Recovered |
|                 | Material Content**                                 |
|                 |                                                    |
|                 | **For EPA Designated Products** (Insert in         |
|                 | solicitations and contracts exceeding \$100,000    |
|                 | that are for, or specify the use of,               |
|                 | EPA-designated items containing recovered          |
|                 | materials. If technical personnel advise that      |
|                 | estimates can be verified, use the clause with its |
|                 | Alternate 1.)                                      |
|                 |                                                    |
|                 | **52.223-11** **Ozone-Depleting Substances**       |
|                 | (Insert in solicitations and                       |
|                 |                                                    |
|                 | contracts for ozone depleting substances or for    |
|                 | supplies that                                      |
|                 |                                                    |
|                 | may contain or be manufactured with                |
|                 | ozone-depleting                                    |
|                 |                                                    |
|                 | substances).                                       |
|                 |                                                    |
|                 | **52.223-12** **Refrigeration Equipment and Air    |
|                 | Conditioners** (Insert in                          |
|                 |                                                    |
|                 | solicitations and contracts for services when the  |
|                 | contract                                           |
|                 |                                                    |
|                 | includes maintenance repair, or disposal of any    |
|                 | equipment                                          |
|                 |                                                    |
|                 | or appliance using ozone-depleting substances as a |
|                 |                                                    |
|                 | refrigerant, such as air conditioners, including   |
|                 | motor                                              |
|                 |                                                    |
|                 | vehicles, refrigerators, chillers or freezers).    |
|                 |                                                    |
|                 | **52.223-15** **Energy Efficiency in               |
|                 | Energy-Consuming Products** (Insert                |
|                 |                                                    |
|                 | in solicitations and contracts when                |
|                 | energy-consuming                                   |
|                 |                                                    |
|                 | products listed in the ENERGY STAR® Program or     |
|                 | FEMP                                               |
|                 |                                                    |
|                 | will be (1) delivered; (1) acquired by the         |
|                 | contractor for use in                              |
|                 |                                                    |
|                 | performing services at a federally controlled      |
|                 | facility; (3)                                      |
|                 |                                                    |
|                 | furnished by the contractor for use by the         |
|                 | government; or                                     |
|                 |                                                    |
|                 | \(4\) specified in the design of a building or     |
|                 | work, or                                           |
|                 |                                                    |
|                 | incorporated during its construction, renovation,  |
|                 | or                                                 |
|                 |                                                    |
|                 | maintenance.)                                      |
|                 |                                                    |
|                 | **52.223-16 IEEE 1680 Standard for the             |
|                 | Environmental Assessment of Personal Computer      |
|                 | Products (EPEAT Standard**) (Insert in all         |
|                 | solicitations and contracts for (1) personal       |
|                 | computer products; (2) services that require       |
|                 | furnishing of personal computer products for use   |
|                 | by the government; or (3) contractor operation of  |
|                 | govern-owned facilities. Agencies use the clause   |
|                 | with Alternate 1 when there are sufficient EPEAT   |
|                 | Silver registered products available to meet       |
|                 | agency needs.                                      |
|                 |                                                    |
|                 | **52.223-17** **Affirmative Procurement of         |
|                 | EPA-designated Items in Service and Construction   |
|                 | Contracts** (Insert in service or construction     |
|                 | solicitations and contracts unless the contract    |
|                 | will not involve the use of EPA-designated items.  |
|                 |                                                    |
|                 | **Recycled Content Paper:**                        |
|                 |                                                    |
|                 | **52.204-4** Printed or Copied Double-Sided on     |
|                 | Recycled Paper (Insert                             |
|                 |                                                    |
|                 | in all solicitations and contracts that exceed the |
|                 | simplified                                         |
|                 |                                                    |
|                 | acquisition threshold)                             |
|                 |                                                    |
|                 | **Support Services and Operations and Maintenance  |
|                 | Contractors:**                                     |
|                 |                                                    |
|                 | 10. Waste Reduction Program (Insert in all         |
|                 |     solicitations and contracts for contractor     |
|                 |     operation of Government-owned or leased        |
|                 |     facilities and all solicitations and contracts |
|                 |     for support services at Government-owned or    |
|                 |     operated facilities)                           |
+-----------------+----------------------------------------------------+

[]{#__RefHeading___Toc209246509 .anchor}**APPENDIX C -- SUMMARY OF
PROCUREMENT EXCEPTIONS**

**FOR WHICH WRITTEN JUSTIFICATIONS ARE REQUIRED**

+----------------+-----------+--------------+-----------+------------+
| **Preference   | **FAR     | **Basis for  | **Just    | **         |
| Program**      | Re        | Exception**  | ification | Approval** |
|                | ference** |              | Ori       |            |
|                |           |              | ginator** |            |
+----------------+-----------+--------------+-----------+------------+
| EPA-Designated | 23.404(b) | Item cannot  | R         | Procedure: |
| (Recycled      |           | be acquired: | equesting |            |
| Products)      | "Ex       |              | Official  | Draft and  |
|                | emptions" | \(i\)        |           | obtain     |
| U              |           | C            |           | c          |
| SDA-Designated |           | ompetitively |           | oncurrence |
| (Biobased      |           | within       |           | on written |
| Products)      |           | reasonable   |           | jus        |
|                |           | time frame;  |           | tification |
| At             |           |              |           | from       |
|                |           | \(ii\)       |           | env        |
| <http://w      |           | Meeting      |           | ironmental |
| ww.epa.gov/cpg |           | reasonable   |           | designee;  |
| /products.htm> |           | performance  |           | submit to  |
|                |           | standards;   |           | C          |
| and            |           | or           |           | ontracting |
|                |           |              |           | Officer    |
| <http:         |           | \(iii\) At a |           | for        |
| //www.usda.gov |           | reasonable   |           | approval.  |
| /biopreferred> |           | price.       |           |            |
+----------------+-----------+--------------+-----------+------------+
| ENERGY STAR®   | 23.204    | No ENERGY    | R         | Procedure: |
| and FEMP, Low  |           | STAR or      | equesting |            |
| Power Standby  | "Pr       | FEM          | Official  | Draft and  |
|                | ocurement | P-designated |           | obtain     |
| Energy         | Ex        | product is:  |           | c          |
| Efficient      | emptions" |              |           | oncurrence |
| Products       |           | \(i\)        |           | on written |
|                |           | Reasonably   |           | jus        |
| At             |           | available    |           | tification |
| <http://       |           | that meets   |           | from       |
| www.energystar |           | functional   |           | env        |
| .gov/products> |           | requirement  |           | ironmental |
|                |           | of the       |           | designee   |
| And            |           | agency; or   |           | and, if    |
|                |           |              |           | for IT,    |
| <http://www1   |           | \(ii\) is    |           | from OCIO  |
| .eere.energy.g |           | cost         |           | designee;  |
| ov/femp/procur |           | effective    |           | submit to  |
| ement/eep_requ |           | over the     |           | C          |
| irements.html> |           | life of the  |           | ontracting |
|                |           | product      |           | Officer    |
|                |           | taking       |           | for HCO    |
|                |           | energy cost  |           | approval.  |
|                |           | savings into |           |            |
|                |           | account.     |           |            |
+----------------+-----------+--------------+-----------+------------+
| EP             | 23.705(c) | \(i\) No     | R         | Procedure: |
| EAT-Registered | Agency    | EPEA         | equesting |            |
| Products       | p         | T-registered | Official  | Draft and  |
| (presently     | rocedures | product      |           | obtain     |
| only PCs are   | for       | meets agency |           | c          |
| registered; in | granting  | r            |           | oncurrence |
| time other     | EPEAT     | equirements; |           | on written |
| electronic     |           | or           |           | jus        |
| products will  | "Ex       |              |           | tification |
| be)            | ceptions" | \(ii\)       |           | from       |
|                |           | EPEA         |           | env        |
| [ht            |           | T-registered |           | ironmental |
| tp://www.epeat |           | product will |           | designee   |
| .net](http://w |           | not be cost  |           | and, if    |
| ww.epeat.net/) |           | effective    |           | for IT,    |
|                |           | over the     |           | from OCIO  |
|                |           | life of the  |           | designee;  |
|                |           | product.     |           | submit to  |
|                |           |              |           | C          |
|                |           |              |           | ontracting |
|                |           |              |           | Officer    |
|                |           |              |           | for HCO    |
|                |           |              |           | approval.  |
+----------------+-----------+--------------+-----------+------------+

Note: A written justification is not required for acquisitions below the
micro-purchase threshold (currently \$3,000)

[]{#__RefHeading___Toc209246510 .anchor}**APPENDIX D -- REQUEST FOR
PROCUREMENT EXCEPTION SAMPLE FORMAT**

MEMORANDUM FOR: \[Approving Official\]

FROM: \[Requesting Official\]

SUBJECT: Exception to \[Insert Green Program Requirement\]

Under \[Procurement Request No. or Acquisition Title\],the \[insert
requiring office name\] has a requirement for one or more of the
following designated items \[insert description of the covered product
or service\], which it has determined cannot be purchased for the
following reason(s):

**1. EPA-Designated (Recycled Products)** □**USDA-Designated (Biobased
Products**□

The Item(s) cannot be acquired:

□ Competitively within a reasonable time frame

□ Meeting reasonable performance standards or

□ At a reasonable price.

**2. ENERGY STAR □ FEMP-designated Products** **□ Low Standby Power □**

The Item(s) cannot be acquired because no item is:\]

□ Reasonably available that meets the functional requirements of the
agency; or

□ Is cost effective over the life of the product taking energy savings
into account

**3. EPEAT-Registered Products □ which are Information Technology
Products □**

The item(s) cannot be acquired because:

**□** No EPEAT-registered product meets agency requirements; or

□ EPEAT-registered products will not be cost effective over the life of
the product

NOTE: The dollar value of exceptions granted may not exceed 5% of the
total dollar value of electronic products acquired, for which
EPEAT-registered products are available.

\[Attach additional information, documentation, etc., as necessary, to
substantiate the reason(s) indicated above. Document what is being done
to ensure there are no unnecessary barriers or restrictive
specifications in future requirements\]

CONCURRENCE:

\[Environmental Designee\] Date

CONCURRENCE: \_\_\_\_\_\_\_\_\_\_\_\_\_
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

\[Office of Chief Information Officer Designee, if IT\]Date

APPROVED BY:

\[Approving Official -- CO if No.1; HCO if Nos. 2 and 3\]Date

\[Return copy of approved request to Requesting Official, Environmental
Designee and, if for IT, to OCIO Designee; maintain original in contract
file.\]

[]{#__RefHeading___Toc209246511 .anchor}**APPENDIX E -- GREEN
PROCUREMENT WEBSITES**

+---------+-------------------------+---------------------------------+
| **      | **Description**         | **Website**                     |
| Topic** |                         |                                 |
+---------+-------------------------+---------------------------------+
| **PRO   |                         |                                 |
| DUCTS** |                         |                                 |
+---------+-------------------------+---------------------------------+
| R       | Comprehensive           | <http://www.epa.gov/cpg/>       |
| ecycled | Procurement Guidelines  |                                 |
|         | (CPG)                   | <http://cpg.epa.tm              |
| Content |                         | s.icfi.com/user/cpg_search.cfm> |
|         | Recycled Products       |                                 |
+---------+-------------------------+---------------------------------+
| B       | USDA BioPreferred^SM^   | <http://www                     |
| iobased | Home Page               | .biopreferred.gov/Default.aspx> |
|         |                         |                                 |
|         | Biobased Products       | <http:/                         |
|         |                         | /www.usda.gov/procurement/progr |
|         |                         | ams/biobased/biobaseditems.htm> |
+---------+-------------------------+---------------------------------+
| Energy  | Energy Star Products    | <http                           |
|         |                         | ://www.energystar.gov/products> |
| Ef      | FEMP (Federal Energy    |                                 |
| ficient | Management Program)     | <http://www1.eere.energy.g      |
|         |                         | ov/femp/procurement/index.html> |
|         | Low Standby Power       |                                 |
|         | Products                | <http:/                         |
|         |                         | /www1.eere.energy.gov/femp/proc |
|         |                         | urement/eep_standby_power.html> |
+---------+-------------------------+---------------------------------+
| E       | Environmentally         | <ht                             |
| nvironm | Preferable Purchasing   | tp://www.epa.gov/opptintr/epp/> |
| entally | (EPP)                   |                                 |
|         |                         | <http://yosemi                  |
| Pre     | EPP Products            | te1.epa.gov/oppt/eppstand2.nsf> |
| ferable |                         |                                 |
+---------+-------------------------+---------------------------------+
| EPEAT   | Electronic Product      | <http://www.epeat.net/>         |
|         | Environmental           |                                 |
|         | Assessment Tool         |                                 |
+---------+-------------------------+---------------------------------+
| Water   | Water Sense             | <                               |
|         |                         | http://www.epa.gov/watersense/> |
| Ef      | Water Efficiency        |                                 |
| ficient |                         | <http://www1.eere.energy.gov/fe |
|         |                         | mp/water/water_fedrequire.html> |
+---------+-------------------------+---------------------------------+
| No      | SNAP (Significant New   | <                               |
| n-Ozone | Alternatives Program)   | http://www.epa.gov/ozone/snap/> |
|         |                         |                                 |
| De      |                         |                                 |
| pleting |                         |                                 |
+---------+-------------------------+---------------------------------+
| Alte    | Alternative and         | <http://www.eere.energy.gov/af  |
| rnative | Advanced Fuels          | dc/fuels/stations_locator.html> |
| Fuel /  |                         |                                 |
|         | Alternative and         | <http://www.eere.energ          |
| Alte    | Advanced Vehicles       | y.gov/afdc/vehicles/index.html> |
| rnative |                         |                                 |
| Fuel    |                         |                                 |
| V       |                         |                                 |
| ehicles |                         |                                 |
| (AFV)   |                         |                                 |
+---------+-------------------------+---------------------------------+
| **G     |                         |                                 |
| UIDANCE |                         |                                 |
| &       |                         |                                 |
| RESO    |                         |                                 |
| URCES** |                         |                                 |
+---------+-------------------------+---------------------------------+
| Proc    | GSA Advantage           | <https://www.gsaadvantage.gov/> |
| urement |                         |                                 |
|         | AbilityOne (formerly,   | <http://www.jwod.org/>          |
|         | JWOD)                   |                                 |
|         |                         | <http://www.unicor.gov/>        |
|         | UNICOR                  |                                 |
|         |                         | <http://www.dscr.dla.mil/u      |
|         | Defense Logistics       | serweb/dscrld/epa/EPSearch.asp> |
|         | Agency                  |                                 |
|         |                         | <http://www.arnet.gov/far/>     |
|         | Federal Acquisition     |                                 |
|         | Regulation (FAR)        |                                 |
+---------+-------------------------+---------------------------------+
| Policy  | GSA Go Green            | <http://www.gsa.gov/            |
|         |                         | Portal/gsa/ep/home.do?tabId=10> |
|         | OFEE Green Purchasing   |                                 |
|         |                         | <http://www.ofee.gov/gp/gp.asp> |
|         | FedCenter (Acquisition) |                                 |
|         |                         | <http://www.fe                  |
|         |                         | dcenter.gov/programs/buygreen/> |
+---------+-------------------------+---------------------------------+
| St      | Green Seal              | <http://www.greense             |
| andards |                         | al.org/programs/government.cfm> |
|         | National Institute of   |                                 |
|         | Standards and           | <http://www.nist.gov/>          |
|         | Technology              |                                 |
|         |                         | <http://www.usgbc.org/          |
|         | LEED (US Green Building | displaypage.aspx?CategoryID=19> |
|         | Council)                |                                 |
|         |                         | <http://www                     |
|         | Whole Building Design   | .wbdg.org/design/greenspec.php> |
|         | Guide                   |                                 |
+---------+-------------------------+---------------------------------+
| T       | Federal Acquisition     | <http://www.fai.gov/>           |
| raining | Institute (FAI)         |                                 |
|         |                         | <https://w                      |
|         | FAI Reg. Site for DOC   | ww.atrrs.army.mil/channels/fait |
|         | Employees               | as/student/logon.aspx?caller=1> |
|         |                         |                                 |
|         | (For CLM 046 Green Proc | <                               |
|         | Procurement)            | http://www.gsa.gov/Portal/gsa/e |
|         |                         | p/contentView.do?P=FCX5&content |
|         | GSA SmartPay Training   | Id=13034&contentType=GSA_BASIC> |
|         | (For Purchase Card      |                                 |
|         | Holders\--includes      | <http://training.dau.mil/>      |
|         | Green Purchasing)       |                                 |
|         |                         |                                 |
|         | Defense Acquisition     |                                 |
|         | University (DAU)        |                                 |
+---------+-------------------------+---------------------------------+