The following are excerpts from the Federal Acquisition Subpart 23.4 which apply to recycling only.

7.103--Agency-head responsibilities.
(n) Ensuring that agency planners--
(1) Specify needs for printing and writing paper consistent with the minimum content standards specified in section 505 of Executive Order 13101 of September 14, 1998, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition (see 11.303); and
(2) Comply with the policy in 11.002(d) regarding procurement of products containing recovered materials, and environmentally preferable and energy-efficient products and services.

11.002: Policy
d) The Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, et seq.), Executive Order 12902 of March 8, 1994, Energy Efficiency and Water Conservation at Federal Facilities, and Executive Order 13101 of September 14, 1998, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition, establish requirements for the procurement of products containing recovered materials, and environmentally preferable and energy-efficient products and services. Executive agencies must consider use of recovered materials, environmentally preferable purchasing criteria developed by the EPA, and environmental objectives (see 23.703(b)) when--
(1) Developing, reviewing, or revising Federal and military specifications, product descriptions (including commercial item descriptions), and standards;
(2) Describing Government requirements for supplies and services; and
(3) Developing source selection factors. 7. Subpart 11.3, consisting of sections 11.301 and 11.302, is revised, and sections 11.303 and 11.304 are added to read as follows:

• 11.3-- Acceptable Material
  Post consumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Post consumer material is a part of the broader category of ``recovered material.'' For paper and paper products, post consumer material means ``post consumer fiber'' defined by the U.S. Environmental Protection Agency (EPA) as--
  (1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or
  (2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not
  (3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.
  Recovered material for paper and paper products, is defined by EPA in its Comprehensive Procurement Guideline as ``recovered fiber'' and means the following materials:
  (1) Post consumer fiber.
  (2) Manufacturing wastes such as--
  (i) Dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets) including: envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; and
  (ii) Repulped finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others.
  
• 11.304-- Contract clause
  Insert the clause at 52.211-5, Material Requirements, in solicitations and contracts for supplies that are not commercial items.

13.201-- General micro-purchase threshold
(f) The procurement requirements in the Resource Conservation and Recovery Act (42 U.S.C. 6962) and Executive Order 13101 of September 14, 1998, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition, apply to purchases at or below the micro- purchase threshold (see Subpart 23.4). Subparts 23.4 & 23.7 Scope of subpart.

This subpart prescribes policies and procedures for acquiring Environmental Protection Agency (EPA)--designated products through affirmative procurement programs required by the Resource Conservation and Recovery Act of 1976 (RCRA) (42 U.S.C. 6962) and Executive Order 13101 of September 14, 1998, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition.
12. Redesignate sections 23.401 and 23.402 as 23.402 and 23.401, respectively.
13. Revise the newly designated sections 23.401 and 23.402 to read as follows:

23.401 Definition.
EPA-designated product, as used in this subpart, means a product--
(1) That is or can be made with recovered material;
(2) That is listed by EPA in a procurement guideline (40 CFR part 247); and
(3) For which EPA has provided purchasing recommendations in a related Recovered Materials Advisory Notice (RMAN).

23.402 Authorities.
(a) The Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6962, requires agencies responsible for drafting or reviewing specifications used in agency acquisitions to--
(1) Eliminate from those specifications any requirement excluding the use of recovered materials or requiring products to be manufactured from virgin materials; and
(2) Require, for EPA-designated products, using recovered materials to the maximum extent practicable without jeopardizing the intended end use of the item.
(b) RCRA also requires--
(1) EPA to prepare guidelines on the availability, sources, and potential uses of recovered materials and associated products, including solid waste management services; and
(2) Agencies to develop and implement affirmative procurement programs for EPA-designated products within 1 year after EPA's designation.
(c) Executive Order 13101 requires that the agency head--
(1) Work to increase and expand markets for recovered materials through greater Government preference and demand for such products consistent with the demands of efficiency and cost-effectiveness; and
(2) Develop and implement affirmative procurement programs in accordance with direction in RCRA and the Executive order.

14. Revise section 23.403 to read as follows:
23.403 Policy.
Government policy on the use of recovered materials considers cost, availability of competition, and performance. The objective is to acquire competitively, in a cost-effective manner, products that meet reasonable performance requirements and that are composed of the highest percentage of recovered materials practicable.

23.404-23.405 [Redesignated as 23.405 and 23.406]
15. Redesignate sections 23.404 and 23.405 as 23.405 and 23.406, respectively; add a new section 23.404; and revise the redesignated sections to read as follows:

23.404 Agency affirmative procurement programs.
(a) For EPA-designated products, an agency must establish an affirmative procurement program, if the agency's purchases meet the threshold in 23.405(a). Technical or requirements personnel and procurement personnel are responsible for the preparation, implementation, and monitoring of affirmative procurement programs.
Agency affirmative procurement programs must include--
(1) A recovered materials preference program;
(2) An agency promotion program;
(3) A program for requiring reasonable estimates, certification, and verification of recovered material used in the performance of contracts; and
(4) Annual review and monitoring of the effectiveness of the program.
(b) Agency affirmative procurement programs must require that 100 percent of purchases of EPA-designated products contain recovered material, unless the item cannot be acquired--
(1) Competitively within a reasonable time frame;
(2) Meeting appropriate performance standards; or
(3) At a reasonable price.
(c) Agency affirmative procurement programs must provide guidance for purchases of EPA-designated products at or below the micro-purchase threshold.

23.405 Procedures
(a) These procedures apply to all agency acquisitions of EPA- designated products, including micro-purchases, if--
(1) The price of the product exceeds $10,000; or
(2) The aggregate amount paid for products, or for functionally equivalent products, in the preceding fiscal year was $10,000 or more. RCRA requires that an agency include micro-purchases in determining if the aggregate amount paid was $10,000 or more. However, it is not recommended that an agency track micro-purchases unless it intends to claim an exemption from the requirement to establish an affirmative procurement program in the following fiscal year.
(b) Contracting officers should refer to EPA's list of EPA- designated products (available via the Internet at http://www.epa.gov/cpg/ and to their agencies' affirmative procurement programs when purchasing supplies that contain recovered material or services that could include supplies that contain recovered material.
(c) The contracting officer must place in the contract file a written justification if an acquisition of EPA-designated products above the micro-purchase threshold does not contain recovered material. If the agency has designated an Environmental Executive, the contracting officer must give a copy of the written justification to that official. The contracting officer must base the justification on the inability to acquire the product--
(1) Competitively within a reasonable period of time;
(2) At reasonable prices; or
(3) To reasonable performance standards in the specifications, provided a written determination by technical or requirements personnel of the performance standard's reasonableness is included with the justification. The technical and requirements personnel must base their determination on National Institute of Standards and Technology guidelines, if available.
(d) Agencies must establish procedures for consolidating and reporting contractor estimates required by the clause at 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products.

52.211-5-- Material Requirements
a) Recovered material means waste materials 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.

Virgin material means--
1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or
2) Any undeveloped resource that is, or with new technology will become, a source of raw materials.
b) Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the Contractor shall provide supplies that are new, reconditioned, or remanufactured, as defined in this clause.
e) Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, may be used in contract performance if the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use. End of clause)
22. Amend section 52.212-5 by revising the date of the clause; by redesignating paragraphs (b)(16) through (b)(26) as (b)(17) through b)(27), respectively; and by adding a new paragraph (b)(16) to read as follows:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items.
52.223-4 [Amended]
23. Amend the introductory text of section 52.223-4 by revising the citation ``23.405(a)'' to read ``23.406(a)''. 24. Revise the section heading and text of 52.223-9 to read as follows:

52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products.
As prescribed in 23.406(b), insert the following clause:
Estimate of Percentage of Recovered Material Content for EPA-Designated Products (August 2000)
(a) Definitions. As used in this clause--
Post consumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Post consumer material is a part of the broader category of ``recovered material.''
Recovered material means waste materials 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.
(b) The Contractor, on completion of this contract, shall--
(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of post consumer material content; and
(2) Submit this estimate to ________________ [Contracting Officer complete in accordance with agency procedures]. (End of clause)
Alternate I (August 2000). As prescribed in 23.406(b), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:
(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):
Certification
I, ____________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated products met the applicable contract specifications.
.----------------------------------------------------------------------
(Signature of the Officer or Employee)
.----------------------------------------------------------------------
(Typed Name of the Officer or Employee)
.----------------------------------------------------------------------
(Title)
.----------------------------------------------------------------------
(Name of Company, Firm, or Organization)
.----------------------------------------------------------------------
(Date)
.----------------------------------------------------------------------
(End of certification)

52.223-10-- Waste Reduction Program (August 2000)
(a) Definitions. As used in this clause--
Recycling means 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 of products other than fuel for producing heat or power by combustion.
Waste prevention means 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 prevention also refers to the reuse of products or materials. Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.
(b) Consistent with the requirements of Section 701 of Executive Order 13101, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247).