items being designated. EPA specifically requested, but did not receive, comments on each
of these definitions.
VII. THE AFFIRMATIVE PROCUREMENT PROGRAM
RCRA section 6002(i) requires that, within one year after EPA designates an item,
each procuring agency purchasing more than $10,000 of that item, or functionally equivalent
items, in a fiscal year must establish an affirmative procurement program for that item.
("Procuring agency" is discussed in section V.B.3; $10,000 threshold is discussed in section
V.B.5) Section 402 of Executive Order 12873 reinforces this requirement and further
provides that Executive agencies "shall ensure that their affirmative procurement programs
require that 100 percent of their purchases of products meet or exceed the EPA guideline
standards," considering competition, price, availability, and performance.
An affirmative procurement program is an agency's strategy for maximizing its
purchases of an EPA-designated item. The affirmative procurement program should be
developed in a manner that assures that items composed of recovered materials are purchased
to the maximum extent practicable consistent with Federal procurement law. RCRA section
6002(i) requires that, at a minimum, an affirmative procurement program consist of four
elements: (1) a preference program; (2), a promotion program; (3) procedures for obtaining
estimates and certifications of recovered materials content and, where appropriate, reasonably
verifying those estimates and certifications; and (4) procedures for monitoring and annually
reviewing the effectiveness of the affirmative procurement program. In addition, section 402
of Executive Order 12873 requires an agency affirmative procurement program to encourage
the electronic transfer of documents, the two-sided printing of government documents, and
the inclusion of provisions in contracts, grants, and cooperative agreements that require
documents to be primed two-sided on recycled paper.
In previous guidelines, EPA recommended that specific actions be. taken by requesting
officials, contracting officers, and architects and engineers when purchasing designated items.
In consulting with acquisition policy and requirements officials from several major Federal
agencies, EPA determined that these item-specific recommendations did not provide enough.
flexibility for procuring agencies to determine the appropriate delineation of responsibilities
for implementing the requirements of RCRA section 6002. Based on this information and
because of the broad array of products designated in the CPG, EPA will no longer make
specific recommendations for individuals within an agency to implement the requirements of
RCRA section 6002 and Executive Order 12873. Instead, EPA recommends that the
Environmental Executive within each major procuring agency take the lead in developing the
agency's affirmative procurement program and in implementing the requirements set forth in
the CPG. This recommendation is consistent with the basic responsibilities of an Agency.
Environmental Executive as described in sections 302 and 402 of Executive Order 12873.
Section 302 charges each Agency Environmental Executive with coordinating all
environmental programs in the areas of acquisition, standard and specification revision,