Contractors operating with federal funding are held to many of the same requirements as federal agencies. Contract managers need to know what they can do to "green" the different types of contracts.

What Is Required?

• Agencies are required to consider the use of recovered materials, environmentally preferable purchasing criteria developed by EPA, and environmental objectives when developing specifications and standards describing government requirements and developing source selection factors.
  
  
• The Resource Conservation and Recovery Act (RCRA), Section 6002 (6 pp, 47KB About PDF)requires all procuring agencies to purchase items designated by the Comprehensive Procurement Guidelines (CPG) when buying $10,000 or more worth of an item annually. Contractors who receive federal funds are included in the definition of procuring agencies.
  
  
• For more information on who is subject to RCRA Section 6002, as well as examples of when it applies to contractors, see pages 10–13 of the Background Document for Final CPG IV (33 pp, 147KB About PDF) (Appendices I–V).
  
  
• RCRA also requires procuring agencies to establish affirmative procurement programs and arrange for procurement of solid waste management services in a manner that maximizes energy and resource recovery.
  
  
• The Federal Acquisition Regulations (FAR) (Subchapter D, Part 23) require the federal government to purchase supplies and services that meet various environmental standards. Other requirements of FAR include:
  
  
• Agencies should incorporate the clause at 52.223-10, Waste Reduction Program, in contracts for support services at government facilities. The clause specifies that a contractor should establish a waste reduction program in all operations and facilities covered by a contract. This clause ensures that the contractor complies with the requirements of Executive Order 13423 (Section 3E) (7 pp, 110KB About PDF).
  
  
• Agencies must acquire supplies and services that promote energy and water efficiency, advance the use of renewable energy products, and help foster markets for emerging technologies. This policy extends to all acquisitions, including those below the simplified acquisition threshold.
  
  
• Written acquisition plans must discuss all applicable environmental and energy conservation objectives associated with the acquisition.

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What Actions Can I Take?

You can ensure that your contracts meet their environmental obligations by taking the following actions.

• Incorporate language into contracts that requires contractors to abide by the same environmental practices as federal agencies. For example:

• Require contractors to purchase environmentally preferable products with federal funds. For more on green purchasing, visit Environmental Stewardship for Purchasers.
  
  
• Mandate that contractors reduce waste and recycle when providing support services at a federal facility.
  
  
• When working with contractors to plan meetings and events, require them to follow the green meeting guidelines.

• Use the Recycling Electronics and Asset Disposition contract to recycle electronics. To learn more about electronics end-of-life management, visit the electronics reuse and recycling page.
  
  
• When buying green, use detailed scopes of work or performance-based contracting to set environmental goals.

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Which Resources Can I Use?

EPA Resources

• EPA’s Office of Acquisition Management: Greening Government Procurement Web Site provides an overview of efforts to green procurement at EPA.
  
  
• The Environmentally Preferable Purchasing Database includes model contract language that directs contractors to use environmentally preferable products and services. Check out the complete list of items for which the database has contract language.
  
  
• The Comprehensive Procurement Guidelines designate certain products that federal purchasers are required to purchase with the highest recovered material content level practicable.
  
  
• The Environmental Acquisition Regulation concerns purchasing decisions that contract managers must make. This regulation includes purchasing products with health, safety, and environmental attributes.

Other Government Resources

• A selection of sample contract language for attaining green procurement can be found in the Acquisition section of FedCenter.gov’s Web site.
  
  
• The Department of the Interior’s procurement resources can guide you in analyzing your project’s needs and incorporating sustainable practices into your contract.
  
  
• Federal Energy Management Program Model Language for Energy-Efficient Products can be inserted into contracts that involve energy-consuming products and systems.
  
  
• The Recycling Electronics and Asset Disposition Services Contract provides federal agencies with a dependable method of disposing of excess or obsolete electronic equipment in an environmentally responsible manner.
  
  
• Sample Construction and Demolition Ordinances and Contract Language is provided by the California Integrated Waste Management Board. This page includes links to programs used to divert construction and demolition debris away from landfills.
  
  
• The Joint Service Pollution Prevention and Sustainability Technical Library Web site supported by the Joint Services, the Defense Logistics Agency, and the U.S. Coast Guard, contains information on federal contracts requirements.

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What Training Is Available?

Many training resources on environmentally preferable purchasing are available. These are relevant to establishing contracts for green products and services, as well as promoting green acquisitions among contractors.

• General Services Administration offers contracts and acquisition training to all relevant federal employees.
  
  
• What is “Green” Purchasing Anyway? is a 2.5-hour, online introductory course offered by the Office of Personnel Management.
  
  
• The Defense Acquisition University offers an online Green Procurement Course.
  
  
• The Defense Logistics Agency offers training on several relevant subjects.
  
  
• The Office of the Federal Environmental Executive maintains a list of green purchasing training resources.

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What Are Other Agencies Doing?

The following are federal agency success stories and resources related to environmentally preferable procurement.

EPA’s Web page on Environmentally Preferable Purchasing (EPP) Case Studies

EPA’s Web page on Federal EPP Efforts

Specific Agency Information

• Department of Defense: The Green Procurement Strategy (24pp, 196MB About PDF) is the Department of Defense’s approach to cutting resource consumption and solid and hazardous waste generation through procurement practices.
  
  
• Department of Defense: The Joint Service Pollution Prevention and Sustainability Technical Library is supported by the Joint Services, the Defense Logistics Agency, and the U.S. Coast Guard.
  
  
• Department of Energy (DOE): This department purchases products with the most environmental attributes possible, especially those attributes designated by Congress for purchase. DOE’s Preferred Procurement products: biobased, energy- and water-efficient, recycled, alternative fuels and vehicles, and non-ozone-depleting products.
  
  
• Department of the Interior: Greening the Department of the Interior details the agency’s green procurement and property management goals, including its recent Affirmative Procurement Program Green Purchasing Plan. The Strategic Plan for Waste Prevention, Recycling, and Federal Acquisitions (9 pp, 2,738KB About PDF) sets the agency’s plans for reducing waste.
  
  
• Department of Labor: The Department of Labor’s Environmentally Preferable Procurement Guide details all areas where department contract and grant managers should be environmentally aware, including office products and equipment, paper products, vehicles and more.
  
  
  • Secretary's Order 5-94: Procurement and Use of Environmentally Preferable Products and Services is the Labor Secretary’s mandate to establish a program “for a cost-effective procurement-preference program favoring the purchase of products and services that maximize energy and water conservation, use recycled and recyclable products, minimize waste, utilize alternative fuels, and are less harmful to human health and the environment in their use and disposal than competing products and services of equal value.”
    
    
• Department of Veterans Affairs: The Department of Veterans Affairs’ (VA) Environmental Affairs' Greening VA Web Site details efforts “to ensure a healthy and sustainable environment for current and future generations.”
  
  
• Department of Justice: The Department of Justice’s green purchasing brochure (2 pp, 208KB About PDF) details the obligations of department staff.

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