23.107-1 Products containing recovered materials. ( a ) *Authorities.* The Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6962, as implemented at 40 CFR part 247.
( b ) *EPA Comprehensive Procurement Guidelines (CPG) Program.* Under RCRA, EPA must designate items that are or can be made with recovered materials and must also recommend practices to assist procuring agencies in meeting their obligations.
( c ) *Applicability.* ( 1 ) This section applies to contract actions involving an EPA-designated item, if— ( i ) The price of the EPA-designated item exceeds $10,000; or
( ii ) The aggregate amount paid for multiple purchases of the EPA-designated item, or a functionally equivalent item, in the preceding fiscal year was $10,000 or more.
( 2 ) While micro-purchases are included in determining the aggregate amount paid under paragraph (c)(1) of this section, it is not necessary for an agency to track micro-purchases when— ( i ) The agency anticipates the aggregate amount paid will exceed $10,000; or
( ii ) The agency intends to establish or continue an affirmative procurement program as described in paragraph (d) of this section in the following fiscal year.
( d ) *Agency affirmative procurement program.* An agency shall establish an affirmative procurement program for EPA-designated items if the agency's purchases of EPA-designated items exceed the threshold set forth in paragraph (c)(1) of this section. ( 1 ) Agency affirmative procurement programs must include— ( i ) A recovered materials preference program;
( ii ) A program to promote the recovered materials preference program;
( iii ) A program for requiring reasonable estimates and certification of recovered material used in the performance of contracts, including a preaward certification that products will meet EPA recommendations (see 52.223-4, Recovered Material Certification), and either an estimate or a certification at contract completion (see 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items, and its Alternate), as well as agency procedures for verification of estimates and certifications;
( iv ) Annual review and monitoring of the effectiveness of the affirmative procurement program; and
( v ) Guidance for purchases of EPA-designated items at or below the micro-purchase threshold.
( 2 ) Technical or requirements personnel and procurement personnel are responsible for the preparation, implementation, and monitoring of affirmative procurement programs.
( 3 ) Agencies have a period of 1 year to revise their affirmative procurement program(s) after the designation of any new item by EPA.
( e ) *Procedures.* The following procedures apply when the thresholds set forth in paragraph (c)(1) of this section are exceeded. ( 1 ) Once an item has been designated by EPA, agencies shall purchase conforming products to the maximum extent practicable in accordance with 23.104(a), unless a justification, exception, or exemption applies (see 23.104(a), 23.105, and 23.106, respectively).
( 2 ) Agencies may use their own specifications or commercial product descriptions when procuring products containing recovered materials; however, the contract should specify that the product is composed of the— ( i ) Highest percentage of recovered materials practicable; or
( ii ) Minimum content standards in accordance with EPA's RMANs.
( 3 ) When acquiring products with recovered material, the contracting officer may request information or data on such products, including recycled content or related product standards (see 11.301(c)).
( f ) *Resources.* ( 1 ) For information on EPA-designated items and associated minimum content standards, see *https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products .*
( 2 ) Contracting officers should also consult their agency's affirmative procurement program for agency-specific guidance.