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 percentage of postconsumer recovered materials), taking into consideration the limitations set
forth in section 6002(c)(l)(A) through (C) (i.e., competition, price, availability, and
performance). The requirement applies when a procuring agency purchases $10,000 worth
of a designated item or when the total cost of such items, or of functionally equivalent items,
purchased during the preceding fiscal year was $l0,000 or more.
RCRA section 6002(d)(2) requires that, within one year after EPA designates an item,
Federal agencies revise their specifications to require the use of recovered materials to the
maximum extent possible without jeopardizing the intended end-use of the item. Section
6002(d)(i) further requires Federal agencies responsible for drafting or reviewing
specifications to review all of their product specifications to eliminate both provisions
prohibiting the use of recovered materials and requirements specifying the exclusive use of
virgin materials. This latter revision process should have been completed by May 8, 1986.
Once EPA designates an item, responsibility for complying with RCRA section 6002
rests with the procuring agencies. For each item designated by EPA, RCRA section 6002(i)
requires each procuring agency to develop an affirmative procurement program, which sets
forth the agency's policies and procedures for implementing the requirements of RCRA
section 6002. The program must assure that the agency purchases items composed of
recovered materials to the maximum extent practicable and that these purchases are consistent
with applicable provisions of Federal procurement law. In accordance with RCRA section
6002(i), the affirmative procurement program must contain at least four elements:
(1)
A recovered materials preference program;
(2)
An agency promotion program;
(3)
A program for requiring vendors to estimate and certify the recovered
materials content of their products and for reasonably verifying the estimates
and certifications, and
(4)
A program to monitor and annually review the effectiveness of the affirmative
procurement program.
Finally, RCRA section 6002(g) requires the Office of Federal Procurement Policy
(OFPP) to implement the requirements of RCRA section 6002 and to coordinate this policy
with other Federal procurement policies in order to maximize the use of recovered materials.
RCRA further requires OFPP to report to Congress every two' years on actions taken by
Federal agencies to implement such policy.
2. Executive Order 12873
Executive Order 12873, entitled `Federal Acquisition, Recycling, and Waste
Prevention," was signed by President Clinton on October 20, 1993. Section 502 of the
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