Sustainable Acquisition
Using EO13101 to Your Advantage: How to Implement the Government Wide and DOE Strategic Plans

EO 13101 Quarterly Teleconference
"Using EO13101 to Your Advantage: How to Implement the Government Wide and DOE Strategic Plans."

Teleconference Workshop on Greening the Government through Waste Prevention, Recycling, and Federal Acquisition

November 17, 1999 12:10 p.m. - 1:30 p.m. Eastern Standard Time


LANL: Eleanor Chapman*, Jan Watson*
Sandia, CA: Sally Raubfogel
Sandia, NM: Corinne Willison*
WIPP: Cindy Woodin*,
Yucca Mountain Characterization Project: Kent Wirtz*
Ames Laboratory: Jack Cummings, Dan Kayser, Jim Burchar
FETC: Debbie Boggs*, Robyn McKee
Strategic Petroleum Reserves: Katherine Batiste*, Michael Huff*
NREL: Don Carlile*
HQ : Susan Weber*, Kristin Wowak*, Amy Lance*, Richard Langston*, Beverly Stephens*
IDAHO OPERATIONS OFFICE: David Janke*, Mary-Ann Somsen*
Pittsburgh: Joe Noblick
Schenectady: Angela Thomas
ETEC: Satish Shah*
LBNL: John Speros
LLNL: Sabre Coleman*, Fred Nicoletti, Julie Jenkins, Kent Wilson
ORNL: David Wasserman*
Paducah: Brian Bowers
TJNAF: Wayne Skinner
Fernald: Allisa Rhodes
Mound: Barbara Hood
RICHLAND OPERATIONS OFFICE: Anna Beard*, Doug DuVon, Donnell Long
Hanford: Candice Marple*, Kathleen Hinkleman*, Mary Betsch, Dave Nichols, William Ferree
PNNL: Sandra Cannon*, Chris Armstrong, Wanda Couchman
Bonneville: Greg Drais*, Joseph Sharpe
Western Area: Gene Iley*, Frank A. Armstrong*
DoD: Lt. Col Bell
Safety-Kleen Oil Recovery: John Cutsharc*
DLA: Steve Harris*, Nancy Royal-Jones*
OFEE: Juan Lopez*
MARC-IV: Steve Howell*
Vision Paper: Tom Rymsza*
IT Los Alamos: John Ronquillo*
SAIC: Mark Huffman*

* Indicates those who participated in the teleconference in Albuquerque at the Pollution Prevention Conference.

Noon Dial in

12:10 Susan Weber, DOE-HQ EO13101 Manager - Greeting and introductions

Good morning. We are holding this conference call from the Pollution Prevention conference in Albuquerque. Many of the people who usually call in are here today in person. I am Susan Weber from DOE headquarters. I am in charge of the program management of EO 13101 on a headquarters level. The topic for this teleconference is "Using EO13101 to Your Advantage: How to Implement the Government Wide and DOE Strategic Plans." Juan Lopez, who is sitting in for Fran McPoland, who has to be in Mexico and can not join us. Juan will talk about the Government wide Plan. I will talk about how DOE is doing in implementing that plan, and Anna Beard will be speaking for Mary Betsch about the plan that they developed for DOE-Richland.

Introductions of everyone in the room in Albuquerque.

Now Juan Lopez will talk about the government wide strategic plan that has been developed to implement EO 13101.

12:20 Juan Lopez, Deputy Chief of Staff, Office of the Federal Environmental Executive

I would like to thank Susan for inviting me to Albuquerque. It is my pleasure to be here. I am going to talk about the government wide strategic plan to implement 13101. You can find it at http://www.ofee.gov The plan is a requirement of section 301 of EO 13101 "Greening the Government through Waste Prevention, Recycling, and Federal Acquisition." The Plan is a tool to help us think about where we are, see where we want to go, and identify the steps that are required to get there . The plan was implemented with this vision in mind and as a road map to see where we are going as we are going along. Who will be responsible for implementing this plan? A task force with representatives from the Federal agencies (i.e., DOE, DOD, etc. ) worked in a collaborative effort to develop strategy on how to implement this new plan. The plan includes a new aggressive goal of 35% waste diversion by 2005. The people responsible for implementing the plan have a big responsibility. They have the responsibility to find ways to:

  • prevent and reduce the creation of waste
  • spur competition
  • strengthen the economy
  • enhance the environment
  • transfer the techniques between state and local and federal governments.
  • set an example to other government agencies and the private sector.

The vison of this agency is to have the government lead by example.

12:30 Susan Weber, DOE-HQ Affirmative Procurement Program Manager - DOE's Strategic Plan to Implement EO13101

It is my great pleasure to present a copy of the new pollution prevention and energy efficiency goals to Juan, signed by Bill Richardson. These goals were announced by TJ Glauthlier on November 16, 1999, here at the conference. The new goals for 2005 and 2010are a comprehensive set of goals, these goals replace the goals set in 1996. These goals have been under development for over a year.

Three of the 14 goals that apply to EO13101 are the goal to reduce sanitary waste (75% by 2005 and 80% by 2010), (It is not zero waste yet, but that is the way that we are going and the department would like to go this route), recycling sanitary waste (45% by 2005 and 50% by 2010), and buy recycled products (which is dear to my heart) (100% for 2005 and 2010). RCRA requires DOE to buy the items that EPA designates. There are some reasons why we can not buy these items, be it that the item is not available, not price competitive, or does not meet performance standards. Every thing we purchase that does not fall in those exception categories should be at 100% with recycled-content. There is a challenge to us that are implementing the order.

How many of you in the room know what CPG stands for (about 8 people raised hands)? CPG = Comprehensive Procurement Guidelines, which is EPA's designation continuing effort to promote the use of materials recovered from solid waste. Buying recycled-content products ensures that the materials collected in recycling programs will be used again in the manufacture of new products. What about RMAN's? RMAN = Recovered Materials Advisory Notices, which recommend recycled-content ranges for CPG products based on current information on commercially available recycled-content products. RMAN levels are updated as marketplace conditions change. It is recommended those that are new to the Affirmative Procurement program that you become familiar with CPG's and RMAN's. Links to the EPA site can be found at http://www.epa.gov/cpg/about.htm.

The strategic plan was built on these goals. How are we going to achieve these goals? Think about your sites and how you can plan for your site to achieve these goals, how we are going to meet the challenge, how we are going to improve our recycling rates, and buy recycled. Please look at the plan with in the month.

Site pollution plans which are unique to DOE are done every 3 years and all sites are required to have one. The next round of new pollution prevention plans are going to be due in May 2000 (guidance will come out from the environmental executive on how to prepare the plan for your site.) The new plan must show how your site will help DOE achieve their own overall goals. How might you include the three goals related to EO 13101 into your plan.


Q - Shelly ___? From LBNL- What was the thinking behind the baseline of the new goals?

A - Susan- Well some felt that a 1999 baseline would be more accurate, (this is on a FY basis). Others felt that the original 1993 would also show the progress from that time forward. Corporate America has set one baseline to measure their work and gone from that baseline, so that is what we did. For Recycling there is no baseline, since it is base lined every year.

Q - Allisa Rhodes -Fernald What is the position of DOE of the $10,000 threshold in the new Plan. Is this (*U.S. Environmental Protection Agency (see EPA's RCRA Section 6002) Guidance on Conducting Inspections of Federal Facilities for Compliance with Section 6002 of the Resource Conservation and Recovery Act, May 12, 1999: "The requirements of RCRA section 6002 apply to such procuring agencies only when procuring designated items where the price of the item exceeds $10,000 or the quantity of the item purchased in the previous year exceeded $10,000. The $10,000 threshold applies to all purchases made by an entire agency rather than regional or local offices (e.g., Department of the Interior, Department of Defense, etc). Most Federal agencies exceed the $10,000 threshold for EPA designated items." ) going to be the position of DOE in the new Plan? What about Fernald since they are a separate agency and that they should not have to report?

A - Susan Weber- Our position is that DOE is one procuring agency and we submit one report. We have talked with our attorneys, and procurement officers, and they have said that the contractors must abide by EO13101 and RCRA section 6002 as their contracts include the DEAR 970.5204-39 clause. So we think we will continue in the same manner as in the past as in seeing DOE as one procuring agency.

A - Sandra Cannon- See the teleconference invitation, under the minutes from last teleconference to see information about this matter.

Q - Brian Bowers -Paducah About the applicability and implementation of the DOE Plan. We have multiple levels of subcontracting. How do we to determine how to implement and who do we need to flow it down to?

A - Richard Langston- Technically it does not have to flow down to subcontracts. With a M&O, if they will lose the ability to report if the work is contracted out then it would make sense to require it to flow down to help you and the Department meet the goals.

Q - Brian Bowers -Paducah- All work will eventually be done by an M&I so how are we going to meet these goals if they are not required to flow down?

A -Richard Langston- I will work on changing this policy. Any change will be made in the DEAR 970.5204-19 clause. It should not be across the board but if a M&O subcontracts a function like operation the supply function or a recycling center it would make sense to have the subcontractor report. In some instances it may not make sense to flow down. This issue will be addressed in a future rulemaking. In the interim, if it makes sense to flow it down there is no prohibition on doing so.

Q - Kent Wirst- Is there any language about this in the FAR?

A - Richard Langston- DOE- Yes, but not exactly. In the DEAR, section 970.5204-39, which is for DOE facility management contractors. In the FAR it is section 52.223-10 Waste Management Program, but it is very vague. Both of these can be found in the AP guidance on Web site. There is a proposed change to the FAR. (Comments were due on November 22, the call for comment can be found at [http://www.ofee.gov]. One of the proposed changes is the requirement for Double sided copying.

Q -Michael Huff- Strategic Petroleum Reserves Will we continue to look for items that are hard to find? The issues of the conference are mixed up between policy and how to find items .

A -Nancy Royal-Joanes- DLA- You can purchase EPP items thru the DLA catalog that gives you a list of all products in the federal government. You can purchase on-line. DLA supplies products for the entire government. CPG guidelines are coded into the catalog.

12:40 Anna Beard, Richland Operations Office, DOE-RL's EO13101 DOE/RL-99-14 Affirmative Procurement Strategy for the Department of Energy Hanford Site


The purpose of the Hanford plan was to educate and to implement 13101. We needed to find a way to meet the 100% requirement on the CPG items. We were at 85% when the Strategy was drafted. We asked contractors to look at what they could do to make this better. As a result several prime contractors (to include M&I contractors and PNNL) prepared plans to improve the procurement with in the site. The contents of the strategy were based on a background of Hanford which included a policy letter from1992, the RCRA requirements, and EO13101. We wanted to know how well they have been purchasing CPG items. Analyzed AP on the Hanford Site to determine the needs for the site in the areas of preferences, promotion, Supplier Certification , monitoring required. We identified potential impacts positive or negative that would result in the implementation of this strategy and EO 13101. We worked with Chicago, Albuquerque to benchmark what other sites are doing and how does Hanford compare or contract to other sites.

We wanted to know how our P-card users used their card. Different contractors were doing different things. Analyzed by contractor and program and identified the amount of training information needed to educated the P-card holders. There were problems with implementing and reporting encountered. So we wanted the contractors to worked together. They did this thru weekly and monthly meetings. In 1998 we were at 83.5% with out any exclusions/justifications. In FY1999 our purchases were at 98.8%. We set up a training program for P-card users. We also updated the electronic reporting module for P-card users. Before they did not have an avenue to identify why they did not purchase AP items, now they can do so online. Through a media blitz we remind people who are purchasing that they should buy the CPG items.

To date 90% of goals that were identified in the plan have been met.. Contractors will monitor themselves buy December 1, 1999, to show where they are in meeting the Hanford Goals.

Susan Weber- DOE Hanford won a Closing the Circle award for this program.

Q - Mary-Ann Somsen- Idaho How has Hanford integrated AP into the P-card program?

A -Anna Beard- Vendors are required to submit certification, as specified in their contract. Card holders are trained on the AP items.

A -Sandra Cannon- At PNNL we have over 700 P-card holders and 12 suppliers. There are three things that will make the incorporation of AP into the program successful. 1) Information, 2) put the requirements to meet the goals in division directors' self assessments, 3) have an award program(If you get something in your pocket you will be more likely to do it.) You can contact me about the information about our program.

Q -Mary-Ann Somsen- Idaho Supplier Certification - how are certifications obtained?

A - Anna Beard- It is written into the contract. The contractor has to certify the content of the items.

Mary-Ann Somsen- Idaho We are still working to come up with a solution to this problem. You can contact me to talk about our program

Susan Weber- Issue of certification- Tom McGeachen from PPPL has a system where his P-card people go to only a limited number of vendors, one of which is Staples, who provides a quarterly report to Tom as to the purchase made thru them.

12:50 Questions and open discussion of how best to implement EO13101 - what works, what doesn't work

Steve Harris, DLA- We are working on a system that will identify EPP items and manufacture supplied certifications. This system should be in operation around March 2000.

1:20 Decide on date (February 17) for next teleconference

Topic: Construction Products - Any particular products we need to address?
Construction products to address? Paint, building insulation

1:30 Adjourn

Sources of Information applicable to this teleconference:

*U.S. Environmental Protection Agency (see EPA's RCRA Section 6002) Guidance on Conducting Inspections of Federal Facilities for Compliance with Section 6002 of the Resource Conservation and Recovery Act, May 12, 1999: "The requirements of RCRA section 6002 apply to such procuring agencies only when procuring designated items where the price of the item exceeds $10,000 or the quantity of the item purchased in the previous year exceeded $10,000. The $10,000 threshold applies to all purchases made by an entire agency rather than regional or local offices (e.g., Department of the Interior, Department of Defense, etc). Most Federal agencies exceed the $10,000 threshold for EPA designated items."

U.S. Department of Energy's EO 13101 home page

Executive Order 13101 (Replaces EO 12873)

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Last Updated: July 29, 2011