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of the amount of the contracted purchase, because, while a "procuring agency" in Year One,
it purchased in excess of $10,000 of hydraulic mulch.
In another example, in Year One, Contractor Y purchases $10,000 of hydraulic mulch
but none was purchased on behalf of a government agency using appropriated Federal funds.
In Year One, Contractor Y is not a procuring agency. In Year Two, Contractor Y contracts
to supply less than $10,000 of hydraulic mulch to a state agency using appropriated Federal
funds for the purchase. In Year Two, Contractor Y is a procuring agency, but is not subject
to section 6002 requirements for its purchases of hydraulic mulch because it was not a
procuring agency during the previous year when it acquired in excess of $l0,000 of
hydraulic mulch.
2. Statutory Provisions
Many of the requirements of RCRA section 6002 apply to "procuring agencies,"
which are defined in RCRA section 1004(17) as "any Federal agency,' or any State agency or
agency of a political subdivision of a State that is using appropriated Federal funds for such
procurement, or any person contracting with any such agency with respect to work
performed under such contract." Under the statute, responsibility for complying with RCRA
section 6002 rests with each individual procuring agency.
Under RCRA section 6002(a), the procurement requirements apply to any purchase by
procuring agencies of an item costing more than $10,000 or when the procuring agencies
purchased $10,000 worth of the item or of functionally equivalent items during the preceding
fiscal year.. The requirements apply to both direct and indirect purchases.
3. Who is a Procuring Agency?
The statutory definition of procuring agency identifies three types of "agencies": ( 1 )
Federal agencies, (2) state or local agencies using appropriated Federal funds, and (3)
contractors. Based on the statutory language, EPA believes that government agencies and
their contractors are or can become "procuring agencies," but private recipients of Federal
funds other than through contracts are not procuring agencies and, therefore, are not subject
to RCRA section 6002.
EPA concluded that, under the statutory definition, a Federal agency is always a
procuring agency because the requirements of RCRA section 6002 apply to Federal agencies
whether or not appropriated Federal funds are used for procurement of designated items. I t
should be noted, however, that the requirements of section 6002 apply only when a Federal
agency procures a designated item. The statutory requirements do not apply to a Federal
agency when it simply disburses funds to a state or local agency because, in that instance, the
Federal agency is not purchasing or acquiring anything. In this case, the state or local
agency is a procuring agency and must comply with these guidelines if they use the
appropriated Federal funds for procurement of designated items,


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