Question: How do we establish a successful Sustainable Acquisition Program?

Response: For an overview of how to establish a successful Sustainable Acquisition Program, refer to the Sustainable Purchasing Leadership Council's (SPLC) Guidance for Leadership in Sustainable Purchasing. The Environmental Protection Agency (EPA), DOE, and General Services Administration (GSA) worked with SPLC on the development of this guidance to help organizations set up their programs. For access, you need to be an SPLC member. If your DOE site is not a member, contact Shab Fardanesh (shabnam.fardanesh@hq.doe.gov, 202-586-7011) to help you gain access to the guidance.

Question: Which of our site organizations is responsible for the Sustainable Acquisition Program?

Response: Because of the connection between waste and purchasing, many DOE sites have placed responsibility for the Sustainable Acquisition Program in Environment, Safety & Health (ES&H) or under sustainability. Some DOE sites have placed that responsibility in Procurement because Procurement enters sustainability data in the potential reporting systems. Another possibility is Facilities because in Facilities the majority of materials and products are specified. The most optimal situation would be to have representatives from all three organizations be responsible for the Sustainable Acquisition Program.

Let us know if we can be of further help with this discussion.

Question: Does either the Federal Acquisition Regulation (FAR) or the Department of Energy Acquisition Regulation (DEAR) require social equity as a part of sustainable acquisition?

Response: The three legs of sustainability are ecological, economical, and equitable. Social equity includes human rights, fair labor practices, living conditions, health, safety, wellness, diversity, equity, community, volunteering, etc.

FAR clause 2.101 Definitions
"Environmentally preferable means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service." (https://www.acquisition.gov/far/2.101)

FAR clause 23.802 Policy
"It is the policy of the Federal Government that Federal agencies... (b) Give preference to the procurement of acceptable alternative chemicals, products, and manufacturing processes that reduce overall risks to human health and the environment by minimizing–

• The depletion of ozone in the upper atmosphere; and
• The potential use, release, or emission of high global warming potential hydrofluorocarbons" (https://www.acquisition.gov/far/23.802)

Question: What is the definition of contracts pertaining to Sustainable Acquisition?

Response: "Contract action means any oral or written action that results in the purchase, rent, or lease of supplies or equipment, services, or construction using appropriated dollars, including purchases below the micro-purchase threshold. Contract action does not include grants, cooperative agreements, other transactions, real property leases, requisitions from Federal stock, training authorizations, or other non-Federal Acquisition Regulation (FAR) based transactions." (FAR 23.101)

The term "contracts" applies to "new contracts (and task and delivery orders placed against them) and new task and delivery orders on existing contracts." (FAR 23.103)

Question: What are the sustainable acquisition contracts requirements?

Response: Sites (DOE Federal offices, M&O contractors, and non-M&O contractors) must ensure contracts as well as purchases via other mechanisms meet the requirements specified in the FAR 23.1 with regard to products that are "energy-efficient [ENERGY STAR® or Federal Energy Management Program (FEMP)-designated], water-efficient, biobased, environmentally preferable (e.g. Electronic Product Environmental Assessment Tool® (EPEAT®)-registered, or non-toxic or less toxic alternatives), non-ozone depleting, or made with recovered materials."

Sustainable acquisition requirements to incorporate in a contract are:

• FAR Part 23 requirements
• FAR 52.223 clauses
• Department of Energy Acquisition Regulations (DEAR), 970.2301-2 (policy paragraph) general contract information
• DEAR 970.5223-7 clauses for Management and Operations (M&O) contractors
• DEAR 952.223-78 clauses for non-M&O contractors

For DOE M&O contractors, the clause(s) to be included in your vendor subcontracts depends on which clause is specified in your DOE site's M&O contract.

Question: In addition to the Sustainable Acquisition clauses, what should be included in the contract for it to be counted as compliant?

Response: All significant opportunities for sustainable acquisition must be captured. For example, if the construction contract includes replacement of light fixtures, partitions, and painting, the terms specified should include ENERGY STAR fixtures, recycled content partitions, and low volatile organic compound and/or reprocessed or biobased content paint.

Question: What documents should be reviewed to demonstrate compliance?

Response: Any transactional document that might prove compliance may be included in this review. For example, if a construction contract is compliant by specifying the right type of materials to be included in a renovation, the review could end there. But if the necessary specificity can instead be found in the statement of work, the statement of work should be reviewed. In addition, if other information is available that proves compliance, such as product receipts, those materials can also be relied upon.

Question: Where can we find template language for contracts?

Response: Template language can be found at the DOE Sustainable Acquisition website.

Question: Do the FAR or DEAR sustainable acquisition requirements have to be included in every contract whether applicable to sustainable acquisition or not?

Response: Yes, even a contract to dig a trench could involve the use of paper and electronics, for example, which would mean the paper needs to contain at least 30 percent recycled content and the electronics would need to meet energy efficient requirements.

Question: What is the definition of a first-tier subcontract?

Response: According to the FAR 52.204-10, "'First-tier subcontract' means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs."

The difference between the first and second sentences above is whether the supplies/services are specifically for the performance of that particular prime contract or just general materials/supplies that would be allocated to multiple contracts and charged to a contractor's General & Administrative expense.

Question: What are the sustainable acquisition purchasing requirements?

Response: The sustainable acquisition purchasing requirements are found in FAR Part 23 and require purchasing products that are:

• Biobased
• Energy-efficient [ENERGY STAR? or FEMP-designated]
• Environmentally preferable (non-toxic or less toxic alternatives)
• Non-ozone depleting
• Made with recovered materials
• Water-efficient

Question: Do Purchasing Card (P-Card) purchases have to comply with the sustainable acquisition requirements?

Response: Yes. Acts of Congress require that we purchase the designated products we spend more than $10K on per fiscal year--either as single items or accumulated and even if the single item is below the micro-purchase threshold. What financial system we use (such as P-Card) is not the question. It is how much we spend on the products. (RCRA 6002, FSRA 9002, FAR 23.4)

Question: How can I tell if product x is designated?

Response: The quickest way to identify whether a product is designated is to refer to the Green Procurement Compilation tool. Rather than a long list of products, the tool groups products by category: construction, office products, etc.

Question: Where can we find designated product x?

Response: The best way to find a product with specific attributes is to specify those attributes in all contract actions, task and delivery orders, and purchasing agreements. For items not purchased through those vehicles, check out the SFTool Product Search. Or a website search specifying the attributes required will typically round up the desired product with specified attributes. Products with the following attributes have websites denoting the manufacturers that sell designated products:

• Biobased Content
• ENERGY STAR Certified
• EPEAT Registered
• Recycled Content
• Safer Choice
• WaterSense labeled

Question: How do we determine if product x meets the requirements?

Response: To determine if a product has x% of biobased or recycled content or meets a specified standard, refer to the:

• Respective websites where qualified products are listed (see list of such websites in response to question of "Where can we find designated product x?")
• Product's Material Safety Data Sheet
• Labeling on the product package

Question: Are there exemptions for not purchasing a product with the designated attributes?

Response: Yes, an exemption can be made regarding cost, availability, and performance (CAP). If the Cost is too high, the product is not Available, or does not meet Performance requirements, then you can record an exception.

Question: What is the Federal micro-purchase threshold and how does this pertain to a site's sustainable acquisition requirements?

Response: The Federal micro-purchase threshold, presently at $10,000, applies to the requirement to purchase products with the designated attribute if a DOE site purchases more than $10,000 of the product (in aggregate) in a year.

Question: If a designated product is only a micro purchase (presently below $10,000) at our site, are we required to give preference?

Response: No, unless an aggregate of over $10,000 is spent on that product category in the past or present year.

Question: What if products are not part of a contract but are purchased by the site separately, such as off a supply schedule or with an individual purchase card purchase?

Response: All designated products must meet the purchasing requirements no matter what purchasing vehicle is used. If corrective action is needed for product purchases not pertaining to contracts (including developing a system or process to ensure compliance), please describe this in your Site Sustainability Plan narrative (see the latest Site Sustainability Plan Guidance or reach out to the Sustainability Performance Division with reporting questions at sustainability@hq.doe.gov).

For example, if a DOE site finds staff have been purchasing virgin paper with their purchasing card, describe the corrective action planned to ensure that paper purchases in the future will comply with the requirement (minimum of 30% post-consumer recycled content). Should the site be striving to achieve a GreenBuy award, reference the DOE Priority Products List for post-consumer recycled content level goals.

Question: If the Contractor Requirements Document no longer references the sustainable acquisition requirements, does a site still have to comply with those provisions?

Response: Yes. Sustainable acquisition compliance and reporting is a requirement of the DEAR and is required for Office of Management and Budget Scorecard and DOE Sustainability Plan, incorporated by reference in DOE Order 436.1.

Question: What is the difference between DEAR Part 970 and DEAR Part 952?

Response: DEAR 970.5223-7 is for M&O contractors and DEAR 952.223-78 is for other on-site contractors.

Question: Is the Priority Products List consistent with the requirements of the designated products (BioPreferred, Comprehensive Procurement Guide, ENERGY STAR, EPEAT, FEMP, non-ozone depleting, WaterSense)?

Response: The goals in the Priority Products List are consistent with Federal requirements, and often go beyond the Federal requirements. Choosing not to use the Priority Products List does not preclude a site's responsibility for meeting the Federal sustainable acquisition requirements. Sites that choose to participate in the voluntary GreenBuy Award Program (for which the Priority Products List is the basis) have the option to go beyond meeting all sustainable acquisition requirements and demonstrate leadership by working toward a GreenBuy or a GreenSpace Award.

Question: How do we find products with sustainable acquisition attributes?

Response: The SFTool Product Search shows products that meet a variety of sustainable acquisition attributes.

Question: How do we ensure specified products are what is delivered?

Response: DOE sites should establish systems to confirm products received meet the sustainable acquisition specifications. Sites should refer to the General Services Administration Strategies to Ensure Successful Delivery of Sustainable Products and Services.

Question: Do we have to give preference to a designated product that costs significantly more than the parallel product without the specified attribute?

Response: DOE sites may have an exemption if a product is not reasonably priced. Reasonably priced is defined in DEAR 970.5223-7 as being life cycle cost effective or, if life cycle cost data are not available, does not exceed 110% of the price of the alternative items.

Examples of life cycle costs are lost staff time if the "cheaper" item causes health problems (pesticides, for example). It includes the cost of a higher energy bill if the "cheaper" item uses more energy (electrical equipment, for example). It also includes disposal costs if the "cheaper" item must be disposed of as a hazardous waste (cleaning products, for example).

Question: Where do we find information on the performance of product x?

Response: Three main sources of information on product performance are available:

• DOE Site Sustainable Products Database
• DOE site success stories
• Ask the vendor or manufacturer for testimonials by users of the product

Question: How can we be sure product x will not void the warranty of the equipment it is used in?

Response: Warranties cannot preclude the use of a specific type of product, such as those with biobased or recycled content. Warranties can specify certain attributes (such as paper density or lubricant viscosity), which makes it important to ensure the product in question has those attributes. (Reference: Magnuson-Moss Warranty Act)

Question: How can we track our purchase of products that meet the sustainable acquisition requirements?

Response: Tracking can be the most difficult part of a Sustainable Acquisition Program. Some suggestions are:

• Wherever possible, have your vendors track your purchases by including reporting on compliant products delivered as a requirement in your contracts with applicable vendors.
• If you have the SAP Financial System, and the system was initially set up to address sustainable acquisition requirements, you should be able to pull reports easily.

Question: What am I required to report each year for sustainable acquisition?

Response: See the latest Site Sustainability Plan Guidance for up-to-date information (published before the respective reporting season). Presently DOE sites are required to report the following for sustainable acquisition:

1. Sustainable Acquisition Contracts: Compliance in incorporating the sustainable acquisition requirements into contracts (inserting the FAR or DEAR clauses);
2. Electronics Acquisition: Purchases of electronic equipment (presently computers, monitors, imaging equipment, mobile phones, photovoltaic modules, servers, and televisions/large screens) and whether they are EPEAT- registered, ENERGY STAR certified, or have another certification; and
3. Biobased Product Purchases: Purchases of the U.S. Department of Agriculture designated biobased products if FAR clause 52.223-2 is in your contract with DOE.

Question: Where do I report?

Response: Sites are required to use the latest Site Sustainability Plan Guidance to carry out all DOE reporting requirements. New guidance is issued before each reporting season. Sites should also leverage the DOE Sustainability Dashboard User Guide and Frequently Asked Questions (FAQ) documents. All resources are posted on the Dashboard. If you have any questions about the requirements/guidance, please contact the Sustainability Performance Division team at sustainability@hq.doe.gov.

Question: Do we have to report the purchase of product x?

Response: DOE sites have to give purchasing preference to all designated products, including in all new contract actions and task and delivery orders, and P-Card purchases, but we do not have reporting requirements for all of the designated products--only for the purchase of USDA designated biobased products and all electronic equipment (presently computers, monitors, imaging equipment, mobile phones, photovoltaic modules, servers, and televisions/large screens). To view the reporting requirements, see the DOE Sustainability Dashboard User Guide and Site Sustainability Plan Guidance.

Question: Does FAR 52.223-9 require us to report on our recycled product purchases?

Response: No. While the Office of Management and Budget does not require reporting on the purchase of EPA-designated recycled-content products, such products must still be given preference in purchasing and should be specified in contracts.

Question: What does the "GreenBuy Award Program" reporting refer to?

Response: The GreenBuy Award Program is voluntary and based on the DOE Priority Products. "Reporting" on meeting the Priority Products goals serves as a nomination for the GreenBuy or the GreenSpace Awards. The GreenBuy/Space Awards give recognition for voluntarily meeting leadership-level sustainable acquisition goals that often exceed the statutory requirements.

Question: Where should sustainable acquisition contracts be reported?

Response: Federal staff must use the Federal Procurement Data System (FPDS). M&O staff do not have access to FPDS and should follow instructions in the Site Sustainability Plan Guidance, view the latest Frequently Asked Questions (FAQs) document on reporting, and direct any questions to the SPD team at sustainability@hq.doe.gov. All resources are posted on the Dashboard.

Question: Do all contracts have to be reported?

Response: Yes. Per the FPDS Data Dictionary, the only exceptions are contract actions with a Claimant Program coded as "Weapons" or Foreign Place of Performance. All other contracts are considered eligible for the inclusion of sustainable acquisition requirements/clauses.

Question: What is the reporting threshold for sustainable acquisition contracts reporting?

Response: To align with reporting in FPDS, Federal and M&O staff are to report contracts with a total value of equal to or greater than $10,000. If M&Os have any questions regarding this threshold, please contact the Sustainability Performance Division team at sustainability@hq.doe.gov to determine what is feasible for the current reporting year.

Question: Do we only report on contracts with sustainable acquisition opportunities?

Response: No. All contracts, regardless of the type of work performed, are included. Even contracts that appear to have no opportunities likely involve the use of paper and electronic equipment, so the clauses requiring use of 30% post-consumer recycled content copy paper and energy efficient electronic equipment would be applicable.

Question: Do we have to report even if we have no new contracts in the relevant fiscal year?

Response: Yes. If you have no new contracts for the reporting fiscal year, but your site has modifications to a contract or other contractual implements, please report this data.

Question: Which contracts should sites review for reporting?

Response: DOE sites should review new contracts awarded and contract modifications during the relevant fiscal year. This includes existing multi-year contracts with options that are renewed during that fiscal year. This also applies to contract modifications, provided the modification itself involves new work.

Question: Is reporting the contract dollar amount required?

Response: Yes, sites are to report the total contract value, not just the portion that involves sustainable acquisition.

Question: We have hundreds of contracts each year. What percent of contracts must be reviewed to be recognized as a statistically valid sample?

Response: Using statistically valid samples is no longer an accepted way of reporting. In terms of writing contracts, sites should leverage contract writing systems to ensure the required sustainable acquisition clauses are included in all contracts. If you have any concerns about reporting requirements, please contact the Sustainability Performance Division team at sustainability@hq.doe.gov.

Question: Many contracts have multiple "actions" (modifications or amendments). When we are calculating our contract #s and $s, do we count each of these "actions" with the full contract value each time? Some of the contract actions are simply extending the period of performance or adding subcontract personnel or funding to the contract. Others would include changes in scope or new scope.

Response: The modifications are counted by the Procurement Instrument Identifiers (PIIDs) so every contract action, whether it be new or a modification, is counted once. For example, a main contract with 4 modifications counts as 5 contract actions. The dollar amount counted is the original contract plus the modification which should account for the difference between the original contract and the modification. This could be an increase, decrease, or no change ($0).

Question: We report our contracts in the DOE STRIPES system, not the FPDS. Is that a problem?

Response: No. Contracts reported in the DOE STRIPES system flow automatically to, and are accounted for in, FPDS. However, please ensure the appropriate sustainability field codes are completed in FPDS so your site receives credit for sustainable acquisition contracts reporting. See the FPDS User Guide section on "Recovered Materials/Sustainability" to view the "Recovered Materials/Sustainability" field codes.

Question: If our contracts are in DOE STRIPES or FPDS and correctly coded for sustainability (meaning the "Recovered Materials/Sustainability" field code matches the contract language), do we need to submit data to SPD?

Response: No. If the contracts are correctly coded in STRIPES and FPDS, you should not submit data on those contracts to SPD. However, sites should describe actions/systems in their annual Site Sustainability Plan. Please follow instructions in the latest Site Sustainability Plan Guidance and the Dashboard's Site Sustainability Plan Module.

Question: What are the coding options for the "Recovered Materials/Sustainability" field in STRIPES/FPDS? How can I tell if the correct code was selected?

Response: See the FPDS User Guide, to view the "Recovered Materials/Sustainability" field codes. Note, the FAR or DEAR number may not be referenced in the contract(s). It is all right if the requirements language is included without the number being referenced.

Question: We are an M&O contractor and cannot input contracts in STRIPES or FPDS. How do we report on our contracts?

Response: M&O contractors should report on your contracts via the method described in the Site Sustainability Plan Guidance. Please ensure you are using the correct guidance for the respective reporting year.

Question: How do we apply the contract reporting guidance if we opt to exempt ourselves from the Contractor Requirements Document because we have developed a Site Sustainability Plan and our Environmental Management System is certified to ISO 14001?

Response: The reporting requirement is not based on the Contractor Requirements Document. Reporting and sustainable acquisition purchasing are requirements of the DEAR, which flow down from the FAR. You report according to directions in the Site Sustainability Plan Guidance for the relevant year (released the summer prior to reporting season).

Question: How can sites obtain the sustainable acquisition contracts data being collected in FPDS?

Response: The Sustainability Report, which is a standard report, can be downloaded from SAM.gov for users that have access to the reporting module. (Note, all standard reports from FPDS have migrated to SAM.gov.) DOE-level sustainable acquisition contracts data from FPDS is published annually in the OMB Scorecard and DOE Sustainability Plan.

Question: What is the driver for reporting on biobased product purchases?

Response: The reporting requirement is in the Farm Security and Rural Investment Act, Section 9002.

Question: Who has to report their biobased product purchases?

Response: DOE M&O contractors are required to report on their purchases of biobased products if the biobased product reporting clause (FAR 52.223-2) is included in their contract with DOE.

Question: If I am not required to report on my biobased product purchases, do I even have to purchase products with the designated biobased content?

Response: Yes. No matter what purchasing mechanism is used (P-Card, purchase request, contract, etc.) DOE sites still need to purchase the designated products with biobased content.

Question: What has to be reported related to biobased product purchases?

Response: The product category, product type, and dollar value of any USDA designated biobased product purchased by the contractor during the previous fiscal year. The product must also originate from a service or construction contract with a total contract value equal to or greater than $10,000. This reporting requirement does not preclude the purchase of the USDA designated products no matter the purchasing mechanism (P-Card, purchase request, etc.).

Question: When is the biobased product report due?

Response: FAR 52.223-2 specifies the report must be submitted to SAM.gov no later than October 31 of each year, for the prior fiscal year, and at the end of contract performance. If your site is unable to report in SAM.gov, please follow the deadline and reporting method described in the annual Site Sustainability Plan Guidance.

Question: Where are biobased product purchases to be reported?

Response: DOE M&O contractors are required to report their purchases of biobased products via SAM.gov. If you do not have access to report in SAM.gov, data should be reported using the method described in the latest Site Sustainability Plan Guidance. SPD will then report this data on your behalf to USDA.

Question: The biobased product reporting clause (FAR 52.223-2) is in our M&O contract with DOE. Why are we not able to access SAM.gov?

Response: For DOE M&O contractors to report on biobased product purchases in SAM.gov, the award must meet the following criteria:

1. Originate from a service or construction contract with a total contract value equal to or greater than $10,000;
2. Originate from a contract awarded after May 2012;

In addition, the DOE Contracting Officer must select a biobased code within the "Recovered Materials/Sustainability" field in FPDS for the respective contract. If you do not have access to SAM.gov, ask your Contracting Officer to check the drop-down selection for the "Recovered Materials/Sustainability" field.

Below is the list of selections that grant access to SAM.gov for biobased product reporting:

• Select "Recovered Materials/Sustainability"
• Choose one of the following biobased codes from the drop-down. The code/letter selection depends on which other sustainability clauses are also applicable to the contract.

Biobased Codes	Short Description
E	Biobased
H	FAR 52.223-4 & biobased
J	FAR 52.223-4 & biobased & energy efficient
K	FAR 52.223-4 & biobased & environmentally preferable
L	FAR 52.223-4 & biobased & energy efficient & environmentally preferable

To view the list of all drop-down selections for the "Recovered Materials/Sustainability" field (including non-biobased), see the FPDS User Guide section "Recovered Materials/Sustainability".

Question: How do we report on our biobased product purchases when our systems are not set up to collect the data?

Response: To obtain at least some data:

• Query likely specifiers of biobased products (cafeteria, custodial, facilities such as machine shops, and fleet) as to whether they purchased any products with biobased content, and
• Query likely suppliers

Question: What training is available for sustainable acquisition?

Response: The following sustainable acquisition training is available:

• Online Training – Sustainable Acquisition for Federal Employees
• Workshop Presentations –- Variety of sustainable acquisition workshop presentations which can be online or in person and for a single site or all sites within a secretarial office, etc.
• Specific Site Training – DOE is available to give specific site training. The training can be as narrow or as broad as needed. Because products and operations (where all the specifiers of those products are) are tied together, it is most productive to hold training sessions for focus areas: managers, custodians, design engineers for the construction projects, P-card holders, sustainable acquisition reporting, etc. Such sessions bring staff responsible for the Sustainable Acquisition Program together with those specifying products which have sustainable acquisition requirements.

Contact Shab Fardanesh (shabnam.fardanesh@hq.doe.gov, 202-586-7011) to organize either Workshop Presentations or Specific Site Training.