**DEPARTMENT OF THE TREASURY**

**Office of the Procurement Executive**

**Affirmative Procurement Program Supplement**

**December 2008**

**[TOPIC]{.underline} [Page]{.underline}**

**Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2**

**What Is Current Acquisition Policy Relative to Environmental,**

**Energy and Transportation Requirements . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 2**

**Highlights of Executive Order 13423 . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 2**

**Highlights of Executive Order 13221 . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 3**

**Instructions for Implementing Executive Order 13423 . . . . . . . . .
. . . . . . . . . . . . . . . 3**

**Who Is Responsible For Implementing the Executive Orders? . . . . . .
. . . . . . . . . . . 9**

**What Must the Contracting Officer Do? . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 10**

**Proper Use of Solicitation Provisions and Contract Clauses . . . . . .
. . . . . . . . . . . . . . 10**

**Sample Activities to Increase Awareness and Compliance with**

**Green Requirements . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 14**

**Greening the Government Contracting Checklist . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 16**

**Internet Information Resources . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 17**

**Coding Procurements Involving Affirmative Procurement Program Items .
. . . . . . 18**

**List of EPA-Designated Products . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 20**

**List of USDA-Designated Products . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 22**

**List of EnergyStar^®^ and FEMP Designated Products . . . . . . . . . .
. . . . . . . . . . . . . . . 28**

**Greening the Government Requirements in the FAR . . . . . . . . . . .
. . . . . . . . . . . . . . 30**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Portions of this Supplement are adapted from Chapter 23 of the
Department of Energy Acquisition Guide.**

**Overview**

Executive Order 13423, Strengthening Federal Environmental, Energy, and
Transportation Management, replaces the Greening the Government series
of four Executive Orders intended to improve the Federal impact on
environment, energy and transportation management and lead others along
the route of environmental responsibility. The Executive Orders that
were replaced are:

-   13101 - Greening the Government Through Waste Prevention, Recycling
    and Federal Acquisition;

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-   13123 - Greening the Government Through Efficient Energy Management;

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-   13148 - Greening the Government Through Leadership in Environmental
    Management; and,

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-   13149 - Greening the Government Through Fleet and Transportation
    Efficiency.

Executive Order 13134, Developing and Promoting Biobased Products and
Bioenergy, was also revoked while Executive Order 13221, Energy
Efficient Standby Power Devices, was retained.

While EO 13423 revokes the earlier Greening Orders, it does not change
policy or cancel any of the requirements found in the earlier Orders. It
does update some of the earlier goals and their baselines, and it adds
new items such as the Electronics Stewardship/Electronic Product
Environmental Assessment Tool, the WaterSense water efficiency labeling
program, Plug-In Hybrid Vehicles, and Sustainable Design/High
Performance Buildings which were developed subsequent to the Greening
Orders. An important point for acquisition personnel to note is that
Executive Order 13423 continues the emphasis on the acquisition process
as a tool to achieve these goals.

**What is Current Acquisition Policy Relative to Environmental, Energy
and Transportation Requirements?**

Executive Order 13423 replaces several earlier executive orders known as
the Greening the Government Executive Orders. The earlier Greening the
Government Executive Orders have been revoked, but Executive Order
13221, Energy Efficient Standby Power Devices was retained. The full
text of both Executive Orders is available at
[http://ofee.gov](http://ofee.gov/). The detailed requirements of EO
13423 are contained in Implementing Instructions \-- issued separately
by the Chairman of the Council on Environmental Quality (CEQ). These
detailed instructions are addressed below, after highlights of the EOs
13423 and 13221.

**Highlights of Executive Order 13423**

Section 2 of the Order sets goals for the following:

-   Energy efficiency and reduced greenhouse gas emissions;

-   Renewable energy consumption is to come from new renewable sources
    located when feasible on agency property;

-   Water consumption;

-   Agency acquisitions of goods and services must require (i) use of
    sustainable environmental practices including acquisition of
    biobased, environmentally preferable, energy efficient, water
    efficient, and recycled content products, and (ii) paper with at
    least 30% post-consumer fiber content;

-   Reduced acquisition, use, and disposal of hazardous chemicals and
    materials and maintenance of cost-effective waste prevention and
    recycling programs in agency facilities;

-   New construction and major renovation of buildings will comply with
    Guiding Principles for Federal Leadership in High Performance and
    Sustainable Buildings;

-   Motor vehicles fleets are to reduce petroleum consumption by 2%
    annually through the end of Fiscal Year 2015, increase use of
    non-petroleum based fuels by 10% annually, and use plug-in hybrid
    vehicles when commercially available at a reasonable cost; and,

-   When acquiring electronic products ensure that 95% of such purchases
    meet Electronic Product Environmental Assessment Tool standards when
    such standards exist, ii) the Energy Star feature on agency
    computers and monitors is enabled, iii) policies are developed to
    extend the useful life of electronic equipment, and iv)
    environmentally sound practices are followed when disposing of
    equipment which has reached the end of its useful life.

**Highlights of Executive Order 13221, Energy Efficient Standby Power
Devices**

This Executive Order concerns Federal acquisition of commercial,
off-the-shelf, products that have standby power devices. The Executive
Order requires that Federal agencies acquire models of such products
which consume no more than one watt of power while in their standby
power consuming mode. If such products are unavailable, agencies are to
purchase products with the lowest possible standby power wattage.
Agencies are to adhere to these requirements when life-cycle
cost-effective and practicable and where the relevant product's utility
and performance are not compromised as a result. Information is
available at

<http://www1.eere.energy.gov/femp/procurement/eep_standby_power.html>.

**Instructions for Implementing Executive Order 13423**

The Council on Environmental Quality issued detailed implementing
instructions on EO 13423. The full text may be found at:
<http://www.fedcenter.gov/Documents/index.cfm?id=6825>. Content of the
twelve sections is as follows:

**Instruction I.** **Introduction.** This concerns background and
organization of the instructions, and describes the duties of the
various offices and interagency work groups involved in making these
initiatives work.

**Instruction II. Environmental Management Systems.** This concerns
implementation of these systems throughout the Federal system. This
instruction has no new requirements except that reviews include the
goals of Section 2 of EO 13423.

The Office of Management and Budget (OMB) maintains a Departmental Score
Card on Environmental Management Systems.

**Instruction III. Compliance Management Plans.** This concerns an
alternative procedure which might be used instead of Environmental
Management System reviews.

**Instruction IV. Reporting and Monitoring.** This provides that
reporting and monitoring under the new Order will remain unchanged from
that required by the old Order for the present. Most of the reporting
and monitoring addressed by the Order does not involve contract data but
rather energy and fuel usage, pollution prevention, hazardous waste
reduction, and recycling accomplishments. The Electronic Product
Environmental Assessment Tool (EPEAT) coverage, discussed at Instruction
XII below, does establish a goal \-- 95% of electronic product
acquisitions should comply with EPEAT standards to the extent that they
exist for the specific products being acquired.

**Instruction V. Training.** This discusses agency requirements to
provide training.

**Instruction VI. Energy and Water Management.** This discusses means to
minimize energy and water usage in Federal facilities. It includes
Energy Savings Performance Contracts, Utility Energy Savings Contracts,
EnergyStar^®^ and FEMP designated products, and water saving WaterSense
products.

**Instruction VII. Acquisition and Green Product Designations**. This
contains the bulk of the "green" purchasing guidance.

**Part A** -- This part of the Instructions gives the Office of Federal
Procurement Policy (OFPP) the lead to issue more detailed guidance to
the acquisition community. An OFPP Policy Letter is the expected
short-term product.

**Part B** - Agencies are required to give preference in their
acquisition programs to the acquisition of the following types of
products over like products lacking the preferable attribute. The items
in the list are not in any order of preference, although recycled
content products on EPA's list take preference over biobased products on
USDA's list due to wording of the Farm Security and Rural Investment
Act:

-   Alternative fuel vehicles and alternative fuels required by the
    Energy Policy Act of 2005 at
    <http://www.eere.energy.gov/femp/about/fleet_requirements.html>.

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-   Biobased products designated by the U.S. Department of Agriculture
    in the BioPreferred program. Biobased products are those designated
    by the United States Department of Agriculture (USDA) pursuant to
    the Farm Security and Rural Investment Act, 7 USC 8102. This
    coverage is part of the Affirmative Procurement Program found at FAR
    23.4. USDA maintains a Home Page with links to designation items at
    <http://www.biopreferred.gov/>.

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-   Energy from renewable sources required by the Energy Policy Act of
    2005 at <http://www.eere.energy.gov/>.

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-   Energy Star® products identified by DOE and EPA at
    [http://energystar.gov](http://energystar.gov/), as well as
    FEMP-designated energy-efficient products at

> <http://www1.eere.energy.gov/femp/procurement/index.html>.

-   Environmentally preferable products and services, including
    EPEAT-registered electronic products. The EPEAT website at
    [http://www.epeat.net](http://www.epeat.net/) contains criteria for
    evaluation and comparison of EPEAT-registered products. At this time
    the page is limited to desktops, monitors, and notebooks, but this
    is to be expanded. Environmentally preferable products and services,
    however, are much broader than just electronic products. EPA
    provides a home page explaining this initiative at:
    <http://www.epa.gov/opptintr/epp/>.

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-   Non-ozone depleting substances, as identified in EPA's Significant
    New Alternatives Policy (SNAP) program at
    <http://www.epa.gov/ozone/snap/index.html>.

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-   Products with low or no toxic or hazardous constituents, consistent
    with section VIII.A of the implementing instructions for Executive
    Order 13423. Each agency is tasked by the Implementing Instructions
    to develop goals and a list of toxic chemicals, hazardous substances
    and other pollutants by January 24, 2008. Information on this is
    available at <http://www.epa.gov/ecotox>.

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-   Recycled content products designated in EPA's Comprehensive
    Procurement Guidelines at
    <http://www.epa.gov/epawaste/conserve/tools/cpg/index.htm>.

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-   Water-efficient products, including those meeting EPA's Water-Sense
    standards <http://www.epa.gov/watersense/>. EPA has already
    introduced some water efficient technology advancements but has
    others in process. More information is available at their home page.

**Part C -- Standards, Coordination and Review of Green Products**

**Printing and Writing Paper**

Each agency is required in its acquisition of products or support
services to specify the use of paper products that contain 30% post
consumer fiber content, or 20% post consumer fiber if 30% post consumer
fiber content is not available at a reasonable price.

**Comprehensive Procurement Guidelines**

EPA is to review the list of EPA Designated Products for consistency in
light of the more recent Biobased, Environmentally Preferable,
EnergyStar^®^ and FEMP product lists as well as efficiency and
obsolescence. EPA is to eliminate those designations found inefficient
or obsolete due to market changes.

**Environmentally Preferable Products and Services**

Each agency is to purchase environmentally preferable products and
services using EPA's Guidance on the Acquisition of Environmentally
Preferable Products and Services at <http://www.epa.gov/epp/>. EPA may
be able to provide services in support of such efforts.

**Energy Efficient Standby Power Devices**

When acquiring energy-consuming products, agencies shall acquire
products with low standby power requirements. When designating
additional EnergyStar products, EPA and DOE shall ensure that the
products also meet FEMP standards for low standby power.

**D. Program Coordination, Guidance, and Models**

**Coordination**

Each of the agencies promoting green products is now required to
actively coordinate its efforts with other agencies to avoid conflicting
designations, and maximize the goals and objectives of the individual
programs and the Executive Order. The programs and their sponsors are:

Comprehensive Procurement Guidelines EPA

Environmentally Preferable Procurement EPA

EnergyStar and FEMP Designated Products EPA and DOE

Low Standby Power Devices DOE

WaterSense EPA

Alternative Fuel Vehicles and Alternative Fuels DOE

BioPreferred USDA

**Guidance**

Each of the Green Products sponsoring agencies is to provide detailed
guidance for minimizing conflicts in program implementation and for
meeting multiple program requirements, e.g., EnergyStar roofing panels
containing recovered or BioPreferred content.

**Model Programs**

EPA, USDA and DOE are charged with responsibility for assisting other
agencies through outreach, promotion, guidance and technical assistance
regarding the Green Products programs.

**Instruction VIII. Pollution Prevention and Management of Toxic and
Hazardous Chemicals**

**A. Goals and Plans for Toxic and Hazardous Chemicals**

This coverage is very similar to that provided under the earlier EO
13148. Each agency is required to develop goals for reducing the use and
release of hazardous and toxic chemicals which may harm human health or
the environment. Relevant contract clauses are at FAR 52.223-13 and -14.

**B. Ozone Depleting Substances**

This coverage is again similar to that found in EO 13148. Relevant
contract clauses are at FAR 52.223-11 and -12.

**C. Compliance with the Emergency Planning and Community Right-to-Know
Act and the Pollution Prevention Act**

This section deals with managing toxic wastes and hazardous materials at
Federal facilities. In instances where a contractor manages facilities,
the contract should contain the contract clause at FAR 52.223-5 which
provides for contractor assistance in preparing the Federal reports.

**Instruction IX. Solid Waste Diversion and Recycling.**

This requires each agency to submit a waste diversion goal or confirm
its existing goal if it wishes to retain a pre-existing goal.

**Instruction X. Sustainable Design/High Performance Buildings**

This coverage is new in the sense that it was not a topic under any of
the prior Greening the Government EOs. This topic results from an
Interagency Working Group which entered into a High Performance and
Sustainable Buildings Memorandum of Understanding in 2006. The group
maintains a home page at <http://www.wbdg.org/index.php> . Sustainable
design for both new and existing buildings, as well as leased buildings,
will be of increasing interest and focus within the Federal sector.

**Instruction** **XI. Vehicle Fleet Management**

Much of this coverage is a repeat of prior coverage under EO 13149. EO
13423 does speak of increasing the use of non-petroleum based fuels by
10% annually. There was concern that this language would hinder the
Department's promotion of Alternative Fuels including Biodiesel fuel
which is often a blend including some amount of petroleum based fuel. In
the Implementing Instructions, this was avoided by using a definition of
Alternative Fuels from 10 CFR 490.2 which includes Biodiesel fuel. When
Biodiesel is used at 100% it is considered an alternative fuel. When
lesser blends are used they are taken as partial alternative fuels
credits so long as the blend has at least 20% non-petroleum based
content.

Plug-In Hybrid Vehicles are another new item in EO 13423. The Order
pledges that the Federal sector will procure such vehicles when they
become commercially available. Such vehicles are to be capable of the
typical short urban commute and could displace petroleum fueled vehicles
for this function. For longer trips the vehicles would operate as other
hybrids with a small conventional internal combustion engine.

The agencies are to increase alternative fuels usage by 10% per year and
decrease petroleum usage by 2% per year through the end of Fiscal Year
2015.

**Instruction XII. Electronics Stewardship**

This topic is new in the sense that it is not brought forward from the
Greening the Government EOs. While it is related to the energy
efficiency goals of EOs 13123 and 13221, its recognition in EO 13423 is
the result of an Interagency Working Group which executed a Federal
Electronics Challenge Memorandum of Understanding in 2005. It does not
limit itself to the acquisition and use of electronic products but also
to their design, reuse, de-manufacturing, and the recycling of their
materials.

[Life- Cycle Activities]{.underline} --- The implementing instructions
require each agency to seek to reduce the environmental and energy
impacts of its electronic equipment purchase, use, and disposal through
continual improvements to the acquisition, design, specifications,
material choices, distribution, and use of new electronic equipment, and
the reuse, de-manufacturing, and recycling of surplus electronic
equipment.

[Electronics Stewardship Plan]{.underline} --- The implementing
instructions require each agency to develop an electronics stewardship
plan. The plan is to address the acquisition, operations, and end of
life phases of the agencies' electronics assets and be developed by an
interdisciplinary team.

The plan is to address how the agency will:

-   Acquire 95% of its electronic products as EPEAT-registered products;

-   Purchase electronic products that are rated EPEAT Silver or higher
    when available

-   Ensure Energy Star features are enabled on agency computers and
    monitors;

-   Have policies and programs to extend the useful life of electronic
    equipment; and,

-   Ensure that electronic products are reused, donated, sold, or
    recycled using environmentally sound management practices at end of
    life.

The plan must also address how the agency will report its compliance
with the goals of the electronic stewardship portions of the EO.

[Federal Electronics Challenge]{.underline} --- Each agency is to choose
either to be a member of the Federal Electronics Challenge or to
implement an equivalent electronics stewardship program that addresses
the acquisition, operation, and end of life management strategies for
its electronic assets. Treasury has chosen to participate in the Federal
Electronics Challenge.

**Who Is Responsible For Implementing the Executive Order?**

Section 3 of EO 13423 requires the Head of each agency to:

\(a\) Implement within the agency sustainable practices for

\(i\) energy efficiency, greenhouse gas emissions avoidance or
reduction, and petroleum products use reduction,

\(ii\) renewable energy, including bio-energy,

\(iii\) water conservation,

\(iv\) acquisition,

\(v\) pollution and waste prevention and recycling,

\(vi\) reduction or elimination of acquisition and use of toxic or
hazardous chemicals,

\(vii\) high performance construction, lease, operation, and maintenance
of buildings,

\(viii\) vehicle fleet management, and

\(ix\) electronic equipment management;

\(b\) Implement within the agency environmental management systems (EMS)
at all appropriate organizational levels to ensure

\(i\) use of EMS as the primary management approach for addressing
environmental aspects of internal agency operations and activities,
including environmental aspects of energy and transportation functions,

\(ii\) establishment of agency objectives and targets to ensure
implementation of this order, and (iii) collection, analysis, and
reporting of information to measure performance in the implementation of
this order;

\(c\) Establish within the agency programs for

\(i\) environmental management training,

\(ii\) environmental compliance review and audit, and

\(iii\) leadership awards to recognize outstanding environmental,
energy, or transportation management performance in the agency;

\(d\) (i) designate a senior civilian officer of the United States,
compensated annually in an amount at or above the amount payable at
level IV of the Executive Schedule, to be responsible for implementation
of this order within the agency,

\(ii\) report such designation to the Director of OMB and the Chairman
of the CEQ, and

\(iii\) assign the designated official the authority and duty to (A)
monitor and report to the head of the agency on agency activities to
carry out subsections (a) and (b) of this section, and (B) perform such
other duties relating to the implementation of this order within the
agency as the head of the agency deems appropriate;

\(e\) Ensure that contracts entered into after the date of this order
for contractor operation of government-owned facilities or vehicles
require the contractor to comply with the provisions of this order with
respect to such facilities or vehicles to the same extent as the agency
would be required to comply if the agency operated the facilities or
vehicles;

\(f\) Ensure that agreements, permits, leases, licenses, or other
legally-binding obligations between the agency and a tenant or
concessionaire entered into after the date of this order require, to the
extent the head of the agency determines appropriate, that the tenant or
concessionaire take actions relating to matters within the scope of the
contract that facilitate the agency's compliance with this order;

\(g\) Provide reports on agency implementation of this order to the CEQ
on such schedule and in such format as the Chairman may require; and

\(h\) Provide information and assistance to the Director of OMB, the
Chairman of the CEQ, and the Federal Environmental Executive.

**What must the Contracting Officer Do?**

When reviewing and drafting solicitations and contracts, the Contracting
Officer must:

-   ensure that the appropriate provisions and clauses are contained in
    their solicitations and contracts including those applicable to
    management and operating contracts and other contracts for the
    operation of Government owned facilities.

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-   work with requirements personnel, contracting personnel and
    contractor personnel to be certain that all are aware of their
    responsibilities in this area.

-   ensure that data entry personnel responsible for entering data into
    the Federal Procurement Data System -- Next Generation are trained
    regarding products and services with recovered content (blocks 26
    and 27) and that data are entered correctly and consistent with the
    FPDS instructions.

**Proper Use of Solicitation Provisions and Contract Clauses**

**FAR 52.223-1 and -2, Biobased Products Preference Provision and
Clause.**

FAR 52.223-1, Biobased Product Certification, is a solicitation
provision containing a certification for offerors to certify that they
will furnish products meeting the USDA biobased content specifications
for the products being delivered. FAR 52.223-2, Affirmative Procurement
of Biobased Products Under Service and Construction Contracts, is a
clause to be used in service and construction contracts which may
involve the use of biobased products, e.g., use of a biobased roof
coating in a construction or service contract. The biobased program does
not require a second certification following delivery as does the EPA
recovered materials program (see FAR 52-223-9).

Section 9002 of the Farm Security and Rural Investment Act (FSRIA) of
2002 and Sections 205 and 943 of the Energy Policy Act of 2005 require
that a procurement preference be afforded biobased products within items
designated by the Secretary of Agriculture. FAR Subpart 23.4 contains
the requirements for purchase of USDA-designated items.

Biobased products are commercial or industrial products (other than food
or feed) that are composed in whole, or in significant part, of
biological products, renewable agricultural materials (including plant,
animal, and marine materials), or forestry materials. The U.S.
Department of Agriculture (USDA) is responsible for designating generic
groups of biobased products for which preference must be given. USDA has
issued four rounds of designated items. The requirement to purchase
Round 1 designated items was effective March 17, 2007; the requirement
to implement purchase of Rounds 2, 3, and 4 designated items will begin
in June 2009.

**FAR 52.223-3, Hazardous Material Identification and Material Safety
Data.**

Include in solicitations and contracts that require the delivery of
hazardous materials. Some characteristics of hazardous materials are:

-   Chemicals which are carcinogens, toxic or highly toxic agents,
    reproductive toxins, irritants, corrosives, sensitizes,
    hepatotoxins, nephrotoxins, neurotoxins, agents which act on the
    hematopoietic system, and agents which damage the lungs, skin, eyes,
    or mucous membranes;

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-   Chemicals which are combustible liquids, compressed gases,
    explosives, flammable liquids, flammable solids, organic peroxides,
    oxidizers, pyrophorics, unstable (reactive) or water-reactive;

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-   Chemicals which in the course of normal handling, use, or storage
    operations may produce or release dusts, gases, fumes, vapors, mists
    or smoke which have any of the above characteristics.

The clause requires the contractor to provide notice of any hazardous
material before its shipment and to provide material safety data sheets
with the material. The clause is to be used with its Alternate I by
civilian agencies which adds an additional paragraph (i). If the
contracting office receives material safety data sheets, they are to be
forwarded to the local safety office. Further information is available
at:

<http://www.gsa.gov/Portal/gsa/ep/contentView.do?programId=10196&channelId=-13603&ooid=10733&contentId=13918&pageTypeId=8199&contentType=GSA_BASIC&programPage=%2Fep%2Fprogram%2FgsaBasic.jsp&P=FL2>

**FAR 52.223-4, Recovered Material Certification.**

Include in solicitations that are for, or specify the use of, EPA
designated products containing recovered material content. This requires
the offeror to certify that it will deliver a product with the required
recycled content.

**FAR 52.223-5, Pollution Prevention and Right-to-Know Information.**

Include in solicitations and contracts that provide for performance, in
whole or

in part, on a Federal facility.

Use it with its Alternate I if the contract provides for contractor

> \(1\) operation or maintenance of a Federal facility at which the
> Federal agency has implemented or plans to implement an Environmental
> Management System (EMS), or
>
> \(2\) Activities and operations that are (i) to be performed at a
> Government operated facility that has implemented or plans to
> implement an EMS; and (ii) that the Agency has determined are covered
> by the EMS.

Use the clause with Alternate II if (1) the contract provides for
contractor operation on a Federal facility, and (2) the agency has
determined that the contractor activities should be within the FCA or an
EMS audit.

**FAR 52.223-6, Drug-Free Workplace.**

Include in all solicitations and contracts except contracts below the
simplified acquisition threshold; for acquisition of commercial items;
performed outside the U.S.; by law enforcement agencies if deemed
inappropriate because of undercover operations; or where application
would be inconsistent with international obligations or the laws and
regulations of a foreign country.

**FAR 52.223-7, Notice of Radioactive Materials.**

Include in solicitations and contracts for supplies which are, or which
contain radioactive materials requiring specific licensing under
regulations issued pursuant to the Atomic Energy Act of 1954; or
radioactive material not requiring specific licensing under regulations
in which the specific activity is greater than 0.002 microcuries per
gram or the activity per gram equals or exceeds 0.01 microcuries.

**FAR 52.223-9, Estimate of Percentage of Recovered Material Content for
EPA-Designated Items.**

Insert in solicitations and contracts exceeding \$100,000 that contain
the solicitation provision at 52.223-4. This requires a report at the
time of contract completion concerning the actual percent of recovered
material content. There is an alternate I that can be used if technical
personnel advise that estimates can be verified. As a practical matter,
the recovered material content cannot be verified after manufacture.
While some consider this certification unnecessary, it is statutorily
required.

**FAR 52.223-10, Waste Reduction Program.**

Insert in all solicitations and contracts for contractor operation of
Government-owned or Government-leased facilities and all solicitations
and contracts for support services at Federal facilities. It requires
the contractor to have a waste reduction program in compliance with the
requirements of Section 701 of Executive Order 13101 (this will be
updated to Section 2(e) of Executive Order 13423) and Section 6002 of
the Resource Conservation and Recovery Act.

**FAR 52.223-11, Ozone-Depleting Substances.**

Insert in all solicitations and contracts for ozone-depleting substances
or supplies or equipment which may contain ozone depleting substances.
The most significant of these are halon used in certain fire suppressing
equipment and certain forms of Freon used in refrigeration equipment.
The clause requires labeling the equipment if it contains
ozone-depleting substances.

**FAR 52.223-12, Refrigeration Equipment and Air Conditioners.**

Insert in all solicitations and contracts for services when the contract
includes the maintenance, repair, or disposal of any equipment
containing ozone-depleting substances as a refrigerant, such as air
conditioners, including motor vehicles, refrigerators, chillers, or
freezers. The clause prohibits venting ozone-depleting substances into
the atmosphere and requires that the substance be recaptured before
equipment disposal.

**FAR 52.223-13, Certification of Toxic Chemical Release Reporting.**

Insert in all solicitations for competitive contracts exceeding
\$100,000 unless determined, in accordance with 23.905(b), that it is
not practicable to do so. The offeror certifies that it will file
reports required by the Emergency Planning and Community Right to Know
Act or that it is exempt.

**FAR 52.223-14, Toxic Chemical Release Reporting.**

When the solicitation contains the provision at FAR 52.223-13,
Certification of Toxic Chemical Release Reporting, the resulting
contract shall contain the clause at FAR 52.223-14 if the contract is to
exceed \$100,000. The contractor agrees that, unless it is exempt, it
will file specified reports required by various environmental statutes
and regulations.

**FAR 52.223-15, Energy Efficiency in Energy-Consuming Products.**

Insert in solicitations and contracts when energy-consuming products
listed in the EnergyStar^®^ program or Federal Energy Management Program
(FEMP) will be delivered; acquired by the contractor for use in
performing services in a Federally-controlled facility; furnished by the
contractor for use by the Government; or specified in the design of a
building or work, or incorporated during its construction, renovation,
or maintenance.

Section 104 of the Energy Policy Act of 2005 requires that all
acquisitions of energy consuming products and all contracts that involve
the furnishing of energy-consuming products be EnergyStar^®^ or FEMP
designated products. FAR 23.203 contains the requirements for purchase
of EnergyStar^®^ and FEMP-designated products.

**FAR 52.223-16, IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products.**

Unless an exception has been approved in accordance with 23.705(c),
insert in solicitations and contracts for personal computer products;
services that require furnishing of personal computer products for use
by the Government; or contractor operation of Government-owned
facilities.

FAR 23.705 requires that agencies meet at least 95 percent of their
annual acquisition requirement for electronic products with
EPEAT-registered electronic products, unless there is no EPEAT standard
for such products. Treasury EPEAT policy requires that all applicable
information technology solicitations and contracts incorporate
appropriate language for the procurement of EPEAT-registered products,
and that Bureau procurement offices strive to purchase EPEAT
Silver-rated electronic products or higher if available. Information on
use of the assessment tool is available at
<http://www.epa.gov/epp/pubs/products/epeat.htm>

**FAR 52.223-17, Affirmative Procurement of EPA-designated items in
Service and Construction Contracts.**

Insert in service and construction solicitations and contracts unless
the contract will not involve the use of EPA-designated items.

**Sample Activities to Increase Awareness and Compliance with Green
Requirements**

Ensure that personnel at your contracting activity are aware of the
following green or sustainable programs and the Federal preference for
these products over equivalent products lacking the favorable
attributes:

-   Alternative fuel vehicles and alternative fuels required by the
    Energy Policy Act of 2005 at
    <http://www.eere.energy.gov/femp/about/fleet_requirements.html>.

```{=html}
<!-- -->
```
-   Biobased products designated by the U.S. Department of Agriculture
    in the BioPreferred program. Biobased products are those designated
    by USDA pursuant to the Farm Security and Rural Investment Act, 7
    USC 8102. This coverage is part of the Affirmative Procurement
    Program found at FAR 23.4. See <http://www.biopreferred.gov/>.

```{=html}
<!-- -->
```
-   Energy from renewable sources required by the Energy Policy Act of
    2005 at <http://www.eere.energy.gov/>.

```{=html}
<!-- -->
```
-   Energy Star® products identified by DOE and EPA at
    [http://energystar.gov](http://energystar.gov/), as well as
    FEMP-designated energy-efficient products at
    <http://www1.eere.energy.gov/femp/program/equip_procurement.html>.

```{=html}
<!-- -->
```
-   Environmentally preferable products and services, including
    EPEAT-registered electronic products. See
    <http://www.epa.gov/opptintr/epp/>.

```{=html}
<!-- -->
```
-   Non-ozone depleting substances, as identified in EPA's Significant
    New Alternatives Policy program at
    <http://www.epa.gov/ozone/snap/index.html>.

```{=html}
<!-- -->
```
-   Products with low or no toxic or hazardous constituents, consistent
    with section VIII.A of the implementing instructions for Executive
    Order 13423. Each agency is tasked by the Implementing Instructions
    to develop goals and a list of toxic chemicals, hazardous substances
    and other pollutants by January 24, 2008. Information on this is
    available at <http://www.epa.gov/ecotox>.

```{=html}
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```
-   Recycled content products designated in EPA's Comprehensive
    Procurement Guidelines at
    [http://www.epa.gov.cpg](http://www.epa.gov.cpg/).

-   Water-efficient products, including those meeting EPA's Water-Sense
    standards <http://www.epa.gov/watersense/>.

Ensure that personnel at the contracting activity are aware of products
designated in the EPA Comprehensive Procurement Guidelines (CPG) for
procurement with recycled content, the USDA Biobased Procurement
Preference Program, as well as the EnergyStar^®^ and Federal Energy
Management Program (FEMP) products. EPA designated products are listed
at <http://www.epa.gov/epawaste/conserve/tools/cpg/index.htm> while USDA
items are listed at <http://www.biobased.oce.usda.gov/public/index.cfm>

Ensure that personnel at the contracting activity are aware of the
environmental, energy and transportation aspects of EO 13423 and the
required solicitation provisions and contract clauses.

Ensure that Purchase Card Program training includes awareness of and
support for the Affirmative Procurement Program and the EnergyStar^®^
and FEMP initiatives and EPEAT tool at
[http://www.epeat.net](http://www.epeat.net/).

Promote employee support of the environmental, energy efficiency, and
transportation initiatives through informational displays and
promotional activities.

Support program initiatives to include Affirmative Procurement Program,
EnergyStar^®^, and FEMP, as well as environmental and transportation
initiatives and accomplishments in local home pages, intranet sites,
newsletters, etc.

Support initiatives to promote participation in pilot acquisitions of
environmentally preferable products.

Promote a team approach among the members of the local acquisition
community including procurement, property, environment, program, supply,
facilities, construction, etc.

Promote consideration of a broad range of environmental factors in
developing plans, drawings, work statements, specifications, or other
product descriptions for use at the facility. Include such factors as
elimination of virgin material requirements, use of biobased products,
use of recovered materials, reuse of products, life cycle cost,
recyclability, use of environmentally preferable products, waste
prevention (including toxicity reduction or elimination) and ultimate
disposal.

Review justifications for acquisitions not meeting requirements for
recovered material or biobased content to ensure that exceptions are
appropriately documented concerning cost, availability of competition,
and performance.

**Greening the Government Contracting Checklist**

Ensure that all acquisitions of items designated in the EPA CPG have the
EPA recommended content level as provided in EPA's Recovered Materials
Advisory Notices (RMANs) for the items which are available at
<http://www.epa.gov/cpg>.

Ensure that all acquisitions of items designated in the USDA Biobased
Procurement Preference Program have the USDA recommended content level
as provided in USDA's rule containing product specifications which are
available at <http://www.biobased.oce.usda.gov/public/index.cfm>.

In conjunction with requirements personnel, consider aggregating
purchases of EPA and USDA designated, environmentally preferable, energy
efficient, EPEAT-registered, or transportation items to the extent that
such action will promote economy or efficiency.

Ensure that contracts for operation of a Federal facility, and support
service contracts to be performed at a Federal facility, include the
clause at FAR 52.223-10, Waste Reduction Program, as required by FAR
23-705.

Ensure that the clause at FAR 52.223-11, Ozone-Depleting Substances, is
inserted in solicitations and contracts for ozone-depleting substances
or supplies that may contain ozone-depleting substances as required by
FAR 23.804(a).

Ensure that the clause at FAR 52.223-12, Refrigeration Equipment and Air
Conditioners, is inserted in solicitations and contracts for services
when the contract includes the 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 as required by FAR 23.804(b).

Ensure that competitive solicitations exceeding \$100,000, except those
for commercial items, contain the solicitation provision at FAR
52.223-13 Certification of Toxic Chemical Release Reporting as required
by FAR 23.906(a). Ensure that competitive contracts exceeding \$100,000
contain the clause at FAR 52.223-14, Toxic Chemical Release Reporting,
if the solicitation contained the preceding solicitation provision and
the contractor did not certify that its facilities were exempt from
reporting. See the instruction at FAR 23.906(b).

Ensure that Federal Procurement Data System contract coding, regarding
the procurement of EPA designated products or services including EPA
designated products, (blocks 26 and 27), is entered correctly.

When developing acquisition plans, ensure that EO 13423 requirements are
addressed. Include such factors as elimination of virgin material
requirements, use of biobased products, use of recovered materials,
reuse of products, life cycle cost, recyclability, use of
environmentally preferable products, water savings, waste prevention
(including toxicity reduction or elimination) and ultimate disposal.
Consider whether EnergyStar^®^ products or products designated in the
upper 25% of energy efficiency by FEMP are available.

Review procurement requests to ensure that, when acquiring items
designated in the EPA CPG, recovered content requirements are specified
or that a written justification is provided as required by FAR
23.404(b).

Review procurement requests to ensure that, when acquiring items
designated in the USDA Biobased Procurement Preference Program, biobased
content requirements are specified or that a written justification is
provided as required by FAR 23.404(b).

When procuring paper products, comply with Section 2(d)(ii) of EO 13423
which mandates a minimum recycled content of 30%. This may be reduced to
20% only if the 30% content product is not reasonably available, does
not meet reasonable performance requirements, or is unreasonably priced.

When procuring lubricants, coolants or tires, purchase re-refined,
bio-based, reclaimed or retread products.

When issuing contracts for vehicular or heavy equipment maintenance,
specify that re-refined or bio-based lubricants, reclaimed coolants, and
retread tires will be used whenever practical.

When procuring electricity, consider the purchase of electricity from
clean energy sources, including renewable energy sources, preferably
generated on site; less greenhouse intensive, non petroleum energy
sources such as natural gas; and clean, more efficient fossil energy
technologies.

**Internet Information Resources**

[http://energystar.gov](http://energystar.gov/) is the EnergyStar^®^
information site.

<http://www.eere.energy.gov/femp/> is the Federal Energy Management
Program information site.

<http://www1.eere.energy.gov/femp/program/equip_procurement.html>
contains FEMP product energy information and standby power device
information.

<http://www1.eere.energy.gov/femp/financing/mechanisms.html> contains
extensive Energy Savings Performance Contract information.

<http://www1.eere.energy.gov/vehiclesandfuels/index.html> contains
information on alternate fuel vehicles and alternate fuels.

**EPA Internet Resources**

<http://www.epa.gov/cpg> is EPA's Comprehensive Procurement Guidelines
information site. It describes EPA's designated products, their
specifications, their sources of supply and other useful information.

<http://www.epa.gov/opptintr/epp> is an EPA training site for
Environmentally Preferable Purchasing.

**USDA Internet Resources**

<http://www.biopreferred.gov/> is USDA's Biobased site.

**Other Information Resources**

[http://www.ofee.gov](http://www.ofee.gov/) is the home page of the
Office of the Federal Environmental Executive. This page has a wealth of
helpful information and is kept current.

**Coding Procurements Involving Affirmative Procurement Program Items**

The Federal Procurement Data System--Next Generation collects
information regarding the acquisition of Affirmative Procurement Program
Items, also known as products with recovered material content, or
EPA-designated items. USDA-designated items have been added to the
Affirmative Procurement Program but there is no FPDS-NG reporting
requirement for those products.

**Question.** What are Affirmative Procurement Program items?

**Answer.** They are products with recycled content which Federal
agencies and contractors operating Government- owned facilities are
required to purchase with the requisite recycled content. They are
designated in the Comprehensive Procurement Guidelines, 40 CFR 247, by
the Environmental Protection Agency. The Product Categories are:

Construction Products

Landscaping Products

Nonpaper Office Products

> Paper Products

Parks and Recreation Products

Transportation Products

Vehicular Products

Miscellaneous Products

You may review the list and more detailed information about the
products, including recommended recycled content, at the Internet
address shown below. A listing of the products is also included in this
attachment. The following instructions relate to the EPA designated
questions.

These requirements are also discussed at the FPDS-NG on line data
dictionary.

[ITEM 26]{.underline} [USE OF EPA DESIGNATED PRODUCTS]{.underline}

The Resource Conservation and Recovery Act (RCRA), Section 6002,
Executive Order 13423, and FAR 23.4 require the purchase of
Environmental Protection Agency (EPA) designated products with a
required minimum material content as described in an agency's
Affirmative Procurement Program (APP). This list of EPA-designated
products is available at <http://www.epa.gov/cpg>. This requirement
applies to all contracts that require EPA-designated products. When
purchasing a product or products on this list without the required
minimum recovered material content, a written justification based on
exception codes B, C, or D below is required by FAR 23.405(c). If more
than one exception applies or more than one justification was completed,
report the predominant exception code or the code for the highest cost
EPA-designated product for which a justification was completed. Select
one of the following:

[CODE]{.underline} [DESCRIPTION]{.underline}

A EPA-designated product or products were purchased and all contained
the required minimum recovered material content.

B EPA-designated product or products were purchased without the required
minimum recovered material content and a justification was completed
based on inability to acquire the product(s) competitively within a
reasonable time pursuant to FAR 23.405(c)(1).

C EPA-designated product or products were purchased without the required
minimum recovered material content and a justification was completed
based on inability to acquire the product(s) at a reasonable price
pursuant to FAR 23.405(c)(2).

D EPA-designated product or products were purchased without the required
minimum recovered material content and a justification was completed
based on inability to acquire the product(s) to reasonable performance
standards in the specifications pursuant to FAR 23.405(c)(3).

E No EPA-designated products were required.

[ITEM 27]{.underline} [USE OF RECOVERED MATERIALS CLAUSES]{.underline}

A Use this code if the contract contains any of these provisions or
clauses, FAR 52.223-4, Recovered Material Certification, FAR 52.223-9,
Estimate of Recovered Material Content for EPA-Designated Products, or
FAR 52.223-10, Waste Reduction Program.

B Use this code if the contract contains none of the provisions or
clauses at A above.

**List of EPA Designated Products**

EPA's website contains recommendations on recycled content for
designated products. See

<http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm>

for links to recycled-content recommendations for each product.

Construction Products

Building insulation products

Carpet (polyester)

Carpet cushion

Cement and concrete containing:

Coal fly ash

Ground granulated blast furnace slag

Cenospheres

Silica fume

Consolidated/reprocessed latex paint

Floor tiles

Flowable fill

Laminated paperboard

Modular threshold ramps

Nonpressure pipe

Patio blocks

Railroad grade crossing surfaces

Roofing materials

Shower and restroom dividers/partitions

Structural fiberboard

Landscaping Products

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

Non‑Paper Office Products

Binders, clipboards, file folders, clip portfolios, and presentation
folders

Office furniture

Office recycling containers

Office waste receptacles

Plastic clip portfolios

Plastic desktop accessories

Plastic envelopes

Plastic trash bags

Printer ribbons

Toner cartridges

Paper and Paper Products

> Commercial/industrial sanitary tissue products
>
> Miscellaneous papers
>
> Newsprint
>
> Paperboard and packaging products
>
> Printing and writing papers

Park and Recreation Products

> Park benches and picnic tables
>
> Plastic fencing
>
> Playground equipment
>
> Playground surfaces

Running track

Transportation Products

> Channelizers
>
> Delineators
>
> Flexible delineators
>
> Parking stops
>
> Traffic barriers
>
> Traffic cones

Vehicular Products

> Engine coolants
>
> Rebuilt vehicular parts
>
> Re‑refined lubricating oils
>
> Retread tires

Miscellaneous Products

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

**List of USDA-Designated Products**

USDA's website contains information on the requiements of the
BioPreferred program and links to the Federal Register Notices for
Rounds 1, 2, 3, and 4, as well as minimum content requirements for
biobased products. See
[http://www.biopreferred.gov](http://www.biopreferred.gov/)

**Designation Items \-- Round 1**

These Products were designated in a final rule published in the March
16, 2006 Federal Register.

Preference is required when purchasing these items.

> Mobile Equipment Hydraulic Fluids
>
> Roof Coatings
>
> Water Tank Coatings
>
> Diesel Fuel Additives
>
> Penetrating Lubricants
>
> Bedding, Bed Linens, and Towels

**Designation Items \-- Rounds 2, 3, and 4**

These products were designed in final rules published in the May 14,
2008 Federal Register. Preference will be required when purchasing these
items beginning May 14, 2009. Preference for these items is encouraged
prior to May 14, 2009.

  -----------------------------------------------------------------------
  2-Cycle Engine Oils

  Adhesive and Mastic Removers

  Adhesives

  Agricultural Spray Adjuvants

  Air Fresheners and Deodorizers

  Aircraft Cleaners

  Allergy and Sinus Relievers

  Animal Bedding

  Animal Cleaning Products

  Animal Habitat Care Products

  Animal Medical Care Products

  Animal Odor Control and Deodorant

  Animal Repellents

  Animal Skin, Hair, and Insect Care Products

  Anti-Slip Products

  Anti-Spatter Products

  Aquaculture Products

  Aromatherapy

  Artistic Supplies

  Asphalt and Tar Removers

  Asphalt Restorers

  Automotive Care Products

  Bath Products

  Bathroom and Spa Cleaners

  Bedding, Bed Linens, and Towels

  Biodegradable Foams

  Bioremediation Materials

  Blast Media

  Body Powders

  Candles and Wax Melts

  Carpet and Upholstery Cleaners - General Purpose

  Carpet and Upholstery Cleaners - Spot Removers

  Carpets

  Cellulose Insulation

  Chain and Cable Lubricants

  Clothing

  Complex Assemblies

  Composite Panels - Acoustical

  Composite Panels - Interior Panels

  Composite Panels - Plastic Lumber

  Composite Panels - Structural Interior Panels

  Composite Panels - Structural Wall Panels

  Compost Activators and Accelerators

  Concrete and Asphalt Cleaners

  Concrete and Asphalt Release Fluids

  Concrete Curing Agents

  Concrete Repair Patch

  Corrosion Preventatives

  Corrosion Removers

  Cosmetics

  Cuts, Burns, and Abrasions Ointments

  De-Icers - General Purpose

  Deodorant

  Dethatchers

  Diesel Fuel Additives

  Dishwashing Detergents

  Disposable Containers

  Disposable Cutlery

  Disposable Tableware

  Durable Foams

  Durable Tableware

  Dust Suppressants

  Electronic Components Cleaners

  Engine Crankcase Oil

  Erosion Control

  Expanded Polystyrene Foam Recycling Products

  Facial Care Products

  Fertilizers

  Fiber Based Furniture

  Films - Non-Durable

  Films - Semi-Durable Films

  Filters

  Fingernail/Cuticle Products

  Fire Retardants

  Fire Starters

  Firearm Lubricants

  Floor Cleaners and Protectors

  Floor Coverings (Non-Carpet)

  Floor Strippers

  Fluid-Filled Transformers - Synthetic Ester-Based

  Fluid-Filled Transformers - Vegetable Oil-Based

  Food Cleaners

  Foot Care Products

  Forming Lubricants

  Fuel Conditioners

  Fuel Oil

  Fungicides

  Furniture Cleaners and Protectors

  Gasoline Fuel Additives

  Gear Lubricants

  General Purpose Household Cleaners

  Glass Cleaners

  Graffiti and Grease Removers

  Greases

  Greases - Food Grade

  Greases - Multipurpose

  Greases - Rail Track

  Greases - Truck

  Hair Cleaning Products

  Hair Removal Products

  Hair Styling Products

  Hand Cleaners and Sanitizers - Hand Cleaners

  Hand Cleaners and Sanitizers - Hand Sanitizers

  Heat Transfer Fluids

  Herbicides

  Hydraulic Fluids - Mobile Equipment

  Hydraulic Fluids - Stationary Equipment

  Industrial Cleaners

  Industrial Enamel Coatings

  Ink Removers and Cleaners

  Inks (Specialty)

  Insect Control Products

  Insecticides

  Interior Wall and Ceiling Patch

  Intermediate Feedstocks

  Lab Chemicals

  Laundry - Dryer Sheets

  Laundry Products - General Purpose

  Laundry Products - Pretreatment/Spot Removers

  Lavatory Flushing Fluid

  Leather, Vinyl, and Rubber Care Products

  Lip Care Products

  Lithographic Offset Inks (Heatset)

  Lithographic Offset Inks (News)

  Lithographic Offset Inks (Sheetfed)

  Lotions and Moisturizers

  Lumber, Millwork, Underlayment

  Marine Products

  Masonry and Paving Systems

  Massage Oils

  Metal Cleaners

  Metalworking Fluids - General Purpose Soluble, Semi-Synthetic, and
  Synthetic Oils

  Metalworking Fluids - High Performance Soluble, Semisynthetic, and
  Synthetic Oils

  Metalworking Fluids - Straight Oils

  Microbial Cleaners

  Mulch and Compost

  Multipurpose Cleaners

  Multi-Purpose Lubricants

  Office Paper

  Oral Care Products

  Organic Furniture

  Other

  Other Lubricants

  Oven and Grill Cleaners

  Packaging Materials

  Paint Removers

  Paints and Coatings (Exterior)

  Paints and Coatings (Interior)

  Papers (Non-Writing)

  Parts Wash Solutions

  Penetrating Lubricants

  Perfume

  Personal Insect Repellents

  Plastic Cards (Wallet-sized)

  Plastic Insulating Foam for Residential and Commercial Construction

  Plastic Products

  Pneumatic Equipment Lubricants

  Polyurethane Coatings

  Power Steering Fluids

  Printing Chemicals

  Roof Coatings

  Rope and Twine

  Rugs and Floor Mats

  Sanitary Tissues

  Sealants

  Sewage System Maintenance Products

  Shaving Products

  Shipping Pallets

  Slide Way Lubricants

  Soil Conditioners

  Solid Fuel Additives

  Sorbents

  Specialty Precision Cleaners and Solvents

  Sunscreen

  Thermal Shipping Containers

  Topical Pain Relief

  Toys

  Transmission Fluids

  Turbine Drip Oils

  Wastewater Systems Coatings

  Water Tank Coatings

  Water Turbine Bearing Oils

  Women\'s Health Products

  Wood and Concrete Sealers - Membrane Concrete Sealers

  Wood and Concrete Sealers - Penetrating Liquids

  Wood and Concrete Stains

  Woven Fiber Products
  -----------------------------------------------------------------------

# EnergyStar^®^ Qualified and FEMP Designated Products

Lighting:

Compact Fluorescent Lamps, *Residential Light Fixtures*

Fluorescent Lamps & Ballasts, Fluorescent Luminaires, Downlight
Luminaires, Industrial Luminaires

Exit Signs, Ceiling Fans, *Traffic Lights*

Commercial & Industrial Equipment:

Unitary (Packaged) Air Conditioners

Air-Cooled Electric Chillers, Water-Cooled Electric Chillers, Air-Source
& Water-Source, Heat Pumps, Ground-Source Heat Pumps, Commercial
Boilers, Electric Motors

Distribution Transformers

Food Service Equipment:

Solid Door Refrigerators and Freezers

Gas Griddles

Fryers, Hot Food Holding Cabinets, Steam Cookers, Beverage Vending
Machines

Water Coolers

Ice Machines, Pre-Rinse Spray Valves

Office Equipment:

Computers, Monitors, Laptops, Printers, Fax Machines, Copiers

Scanners, Multifunction Devices, Mailing Machines, External Power
Adapters

Home Electronics:

Televisions, Video Cassette Recorders, Combination Units, Digital Video
Display Products, Cordless Telephones, Answering Machines, Combination
Telephone/Answering Machines, Home Audio

Appliances:

Refrigerators, Freezers, Dishwashers, Clothes Washers, Room Air
Conditioners, Dehumidifiers, Room Air Cleaners

Residential Equipment:

Central Air Conditioners, Air-Source Heat Pumps, Ground-Source Heat
Pumps, Gas Furnaces, Residential Boilers

Electric Water Heaters Gas Water Heaters

Ventilation Fans Programmable Thermostats

Plumbing:

Faucets, Showerheads, Urinals

Construction Products:

Residential Windows, Doors and Skylights, Roof Products

**Greening the Government Requirements in the FAR**

  ------------------ ----------------------------------------------------
  **References**     **Title**

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

  Executive Order    Energy Efficient Standby Power Devices
  13221              

  FAR 23.2           Energy and Water Efficiency and Renewable Energy

  FAR 23.3           Hazardous Material Identification and Material
                     Safety Data

  FAR 23.4           Use of Recovered Materials and Biobased Products

  FAR 23.7           Contracting for Environmentally Preferable and
                     Energy Efficient Products and Services

  FAR 23.8           Ozone-Depleting Substances

  FAR 23.9           Contracting Compliance with Toxic Chemical Release
                     Reporting

  FAR 23.10          Federal Compliance with Right to Know Act and
                     Pollution Prevention Requirements

  FAR 52.223-1       Biobased Product Certification

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

  FAR 52.223-3       Hazardous Material Identification and Material
                     Safety Data

  FAR 52.223-4       Recovered Material Certification

  FAR 52.223-5       Pollution Prevention and Right to Know Information

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

  FAR 52.223-10      Waste Reduction Program

  FAR 52.223-11      Ozone-Depleting Substances

  FAR 52.223-12      Refrigeration Equipment and Air Conditioners

  FAR 52.223-13      Certification of Toxic Chemical Release Reporting

  FAR 52.223-14      Toxic Chemical Release Reporting

  FAR 52.223-15      Energy Efficiency in Energy-Consuming Products

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

  FAR 523.223-17     Affirmative Procurement of EPA-designated Items in
                     Service and Construction Contracts
  ------------------ ----------------------------------------------------