2. Sustainable Acquisition: How to “Green” a Federal Contract Barbara Matos, CPPM Department of Veterans Affairs

3. Learning Objectives Define: Green Purchasing/Sustainable Acquisition Identify: The components & mandates of the Federal Green Purchasing Program Recognize: The role of asset managers & others Analyze: “Green Acquisition Planning” & strategies Execute: A “Green” Contract – Practical Exercise 2

4. What is Green Purchasing? Green Purchasing & Sustainable Acquisition: All components of the Federal Green Purchasing Program Affirmative Procurement: Specific products & services with certain environmental attributes Environmentally Preferable: Product or service that has a lesser or reduced effect on human health & the environment 3

5. What are the Components of the Federal Green Purchasing Program? 4

6. What Does Green Purchasing Consider? Environmental & energy attributes of products Product’s life-cycle 5

7. Why Buy Green? To reduce the Federal Government’s environmental footprint The Government… – Spends approximately $530 billion on goods & services annually – Manages a real property portfolio that includes nearly 500,000 buildings – Owns or leases more than 600,000 non-tactical vehicles worldwide – Is the largest consumer of energy in the U.S. economy 6

8. Why Buy Green (Cont.) ? Promote energy security* Protect the interest of taxpayers* Safeguard the health of our environment* Ensure sustainability in the supply chain It’s the law! “The supreme reality of our time… the vulnerability of this planet.” – John F. Kennedy * E.O. 13514 7

9. Who is Responsible for Green Purchasing? Program/Project Manager Asset Manager/Logistics Manager Facilities Manager Environmental/Energy Manager Requirements Generator Specifications/Standards Writer Statement of Work Writer Purchase Cardholder Contracting Officer/Specialist Contracting Officer’s Representative Contractor 8

10. Test Your Knowledge 1. Which of the following are mandatory components of the Federal Green Purchasing Program? a.Environmentally preferable products b.BioPreferred® products c.a & b 2. Green purchasing considers only the type of materials a product contains. a.True b.False 3. Using excess property helps to reduce the environmental impacts of Federal purchasing. a.True b.False 9

11. Sustainable Acquisition Mandates 10

12. Resource Conservation and Recovery Act (RCRA) of 1976 Energy Policy Act of 1992 & 2005 Executive Orders 13221, 13423 & 13514 Farm Security and Rural Investment Act (FSRIA) of 2002 Federal Acquisition Regulation Energy Independence and Security Act of 2007 11 Clean Air Act Pollution Prevention Act of 1990 It’s the Law!

13. 12 Executive Orders 13514 & 13423 Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management (January 24, 2007) Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance (October 5, 2009) Agencies are required to: lUse sustainable environmental practices in the acquisition of goods & services in 95% of new contract actions lPurchase products & services which have certain environmental and/or energy attributes lReduce or eliminate the acquisition, use, & disposal of toxic & hazardous chemicals & materials lUse paper of at least 30% postconsumer fiber content

14. l“To create and maintain conditions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of present and future generations.” lE.O. 13423 identifies Sustainable Practice Areas in:  Energy Efficiency  Renewable Energy  Acquisition  Green Buildings  Recycling  Electronics Stewardship  Fleets  Toxic Chemical Reduction  Water Conservation ● E.O. 13514 adds to these:  Support Sustainable Communities  Reduce Greenhouse Gas Emissions 13 Sustainability: Definition & Scope

15. 14 Energy Efficient Standby Power Devices (July 31, 2001) lFor purchases of products using external standby power devices, or containing an internal standby power function, agencies shall: lPurchase products using no more than 1 watt in standby power consuming mode; or, where not available lPurchase products with the lowest standby power wattage while in standby power consuming mode lWhere life-cycle cost-effective & practicable Executive Order 13221

16. 15 lEnvironmental & energy considerations include: – Part 2, Definitions – Part 4, Administrative Matters – Part 7, Acquisition Planning – Part 8, Required Sources of Supplies & Services – Part 10, Market Research – Part 11, Describing Agency Needs – Part 13, Simplified Acquisition Procedures – Part 23, Environmental & Energy Considerations – Part 36, Construction & Architect-Engineer Contracts – Part 42, Contract Administration – Part 45, Government Property – Part 52, Solicitation Provisions & Contract Clauses Federal Acquisition Regulation (FAR)

17. 1. Per Executive Order 13514 & FAR 23.103, agencies are required to use sustainable environmental practices in the acquisition of goods & services in 95% of new contract actions. a.True b.False 2.Executive Order 13221 requires agencies to purchase products with a standby power level of 1 watt or less. a.True b.False 3. Environmental & energy considerations are incorporated only in FAR Part 23. a.True b.False 16 Test Your Knowledge

18. Sustainable Acquisition & the FAR Highlights 17

19.  Part 4 - Administrative Matters  Requires paper documents to be submitted on double-sided recycled content paper  Part 7 - Acquisition Planning  “Think green” at the start of the acquisition planning process  Comply with Affirmative Procurement, Environmentally Preferable Purchasing (EPP), & energy-efficient requirements  Part 8 - Required Sources of Supplies & Services  Agency inventories & excess from other agencies are the first sources of supplies Part 4 Part 7 Part 8 18 Highlights of FAR Requirements for Sustainable Acquisition

20.  Part 10 – Market Research  Maximize use of recovered material & promote energy efficiency  Seek items containing recovered material  Part 11 – Describing Agency Needs  Consider Affirmative Procurement & EPP in specifications, descriptions, standards, requirements, & source selection criteria  Do not require virgin materials  Use clause 52.211-5 on materials requirements 19 Part 11 Part 10 Highlights of FAR Requirements for Sustainable Acquisition (cont.)

21.  Part 23 – Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-free Workplace  Requires contracting officers to insert clauses related to green purchasing into solicitations & contracts  Requires contractors to estimate percentages actually used  Addresses procurement exemptions & program priorities  Subpart 23.1 Sustainable Acquisition Policy  Addresses 95% sustainable acquisition requirement  Defines “contract actions” meeting requirement Part 23 Subpart 23.1 Highlights of FAR Requirements for Sustainable Acquisition (cont.) 20

22.  Part 36 – Construction and Architect-Engineer Contracts  Requires Architect-Engineer (A-E) firms to specify use of recovered materials in designs  Includes Affirmative Procurement in selection criteria for A-E firms  Requires compliance with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings (www.wbdg.org)www.wbdg.org  Part 42 – Contract Administration  Requires monitoring of compliance with specifications or other contractual requirements for delivery or use  Part 45 – Government Property  Ensures maximum reutilization of contractor inventory for government purposes Part 45 Part 42 Part 36 21 Highlights of FAR Requirements for Sustainable Acquisition (cont.)

23. 1. Which FAR Part requires planners to “think green” at the start of the acquisition planning process? a.FAR Part 4 b.FAR Part 10 c.FAR Part 7 2.Per FAR Part 8, agency inventories/excess are the first source of supply. a.True b.False 3. In describing agency needs under FAR Part 11, in which of the following must we require the use of products & services outlined in the Federal Green Purchasing Program? a.Specifications, Descriptions, & Standards b.Requirements & Source Selection Factors c.All of the above 22 Test Your Knowledge

24. Greening Greening the Acquisition Planning Process

25. FAR Section 7.105(b)(17) requires written acquisition plans to: “discuss all applicable environmental and energy conservation objectives associated with the acquisition…” Think Green From the Start of an Acquisition 24

26. The process by which the efforts of all personnel responsible for an acquisition are coordinated & integrated through a comprehensive plan for fulfilling the agency need in a timely manner & at a reasonable cost. Includes developing the overall strategy for managing the acquisition 25 Acquisition Planning

27. Purchase card/fleet card purchases Simplified acquisitions (<$150,000) Larger (>$150,000) purchases of supplies Support services contracts Detailed scopes of work or performance-based contracting Purchases from mandatory sources 26 Green Purchasing is Required on All Types of Purchases

28. Federally-mandated green products Green Products Compilation (GPC) supports compliance by helping users identify applicable products GPC is available at: – General Services Administration’s Sustainable Facilities Tool http://www.sftool.gov/GreenProcurementhttp://www.sftool.gov/GreenProcurement Consider including the GPC Web link in contracts where requirements are described Which Types of Green Products Must You Buy? 27

29. Representative acquisitions include: –Design/Construction/Renovation –Sanitation & Janitorial products/services –Landscaping –Office Supplies –Furniture –Cafeteria-ware/Services –Fleet Management –Hospitality/Hospitals –Meetings & Conference Services –Information Technology Equipment Even a consulting services contract can be greened! 28 What Types of Contracts Can You Green?

30. A – Solicitation/contract form B – Supplies or services & prices/costs C – Description/specifications/statement of work D – Packaging & marking E – Inspection & acceptance F – Deliveries & performance G – Contract administration data H – Special contract requirements I – Contract clauses J – List of attachments K – Representations, certifications, & other statements of offerors L – Instructions, conditions, & notices M – Evaluation factors for award 29 What Parts of the Solicitation Can You Green?

31. Where applicable on exterior surfaces only, the use of consolidated and reprocessed latex paint meeting the requirements of the U.S. Environmental Protection Agency’s Comprehensive Procurement Guideline for postconsumer content and total recovered content should be considered, if feasible. 30 Sample Green Procurement Language: Recycled Content Products

32. The Vendor must provide products that earn the EnergyStar® and meet the EnergyStar® specifications for energy efficiency. The Vendor is encouraged to visit energystar.gov for complete product specifications and updated lists of qualifying products. Product categories include: – Building Products – Heating & Cooling – Plumbing – Commercial Appliances – Commercial Food Service Equipment – Computers – Electronics – Lighting – Battery Chargers 31 Sample Green Procurement Language: EnergyStar® Products

33. Proposed Technical Approach towards Cleaning Projects using Biobased Products: The government will evaluate the offeror’s proposal based on the degree to which the offeror demonstrates the acquisition, installation, and commitment to use biobased products in the performance of cleaning in this cleaning effort. Offerors with the most aggressive, but realistic, approaches to cleaning with biobased products will receive additional point consideration. Experience using Biobased Products in Cleaning Projects: The government will evaluate the degree of the offeror’s demonstrated experience in the use of biobased products in cleaning over the last 2 years from the date of RFP issuance. Offerors with greater quantities and uniqueness in the use of bioased products will receive additional point consideration. 32 Sample Evaluation Criteria: Housekeeping Contracts

34. Beware of “Green Washing” – “Environmentally-friendly” – “Eco-friendly” – “Green” EPA CPG Items USDA BioPreferred Designated Items Self-certification Third-party certifications – Green Seal – EPEAT – R2/E-Stewards 33 Environmental Claims & Certifications

35. Procuring agencies must show procurement preferences for designated products unless the product: – Is available only at an unreasonable price – Will not meet reasonable performance standards – Is unavailable within a reasonable timeframe or at a sufficient level of competition Price Performance Availability 34 Exemptions

36. FAR Subpart 23.4 – If you purchase a noncompliant product for reasons of price, performance, or availability, AND the purchase was above the micropurchase threshold, you must document to the contract file the reasons for not purchasing the compliant (i.e., recycled or biobased content) product Called a written determination or justification 35 How Do I Use an Exemption?

37. Have you…  Incorporated technical requirements related to green purchasing into the statement of work or contract specifications?  Required submittals by the contractor that enable reporting & confirm objectives are being met?  Ensured the appropriate FAR provisions & clauses support the specifications & hold the contractor to the requirements?  Incorporated environmental &/or energy considerations as selection/evaluation criteria?  Developed & provided green purchasing awareness training to contractors, if needed?  Held pre-award &/or post-award meetings to reinforce objectives? 36 Green Purchasing Contract Checklist

38. 1.Which of the following contracts may be greened? a.Construction Services b.Sanitation & Janitorial Services c.Meetings & Conference Services d.All of the above 2. Which of the following is NOT an acceptable justification for purchasing a designated product without recycled or biobased content? a.The price is unreasonable b.The product will not meet performance standards c.The product will be shipped overseas d.The product is not available within a reasonable time frame 37 Test Your Knowledge

39. Strategies for Improving Green Purchasing/ Sustainable Acquisition 38

40. Develop, communicate, & reinforce its green purchasing policy/plan throughout the agency Brief management on requirements & progress Incorporate green purchasing requirements into its Environmental Management System Establish a Green Purchasing Working Group Participate on Inter-agency green purchasing working groups & task forces To improve its green purchasing, agencies should: 39 Green Purchasing Strategies

41. Participate in Federal Strategic Sourcing Initiatives (FSSI); e.g., FSSI for Office Supplies Second Generation (OS 2) Highlight the financial & environmental benefits of FSSI & other green purchases to senior leadership & employees – Example: In addition to cost savings, FSSI OS 2 briefings should include total gallons of oil & pounds of plastic saved through the purchase of remanufactured toner cartridges Use environmental & energy calculators to determine savings *Total Lbs of Plastic Saved - 1,083,44 *Total Gallons of Oil Saved - 82,050 *December 2010 – June 2011 40 Green Purchasing Strategies (cont.)

42. Use Environmental & Energy Benefits Calculators Promote green purchasing, recycling, electronics stewardship, & other sustainable practice areas by quantifying the environmental & energy benefits Demonstrate life-cycle value Facilitate environmental compliance Determine carbon footprint 41 Green Purchasing Strategies (cont.)

43. Provide green purchasing training to all employees Raise awareness & share best practices Educate vendors Recognize employees for excellence in green purchasing Ensure green purchasing is incorporated into the Acquisition Planning Process 42 Green Purchasing Strategies (cont.)

44. Strategic Sustainability Performance Plan (SSPP) – Sustainable Acquisition Goal – Describes purchasing targets – Identifies implementation methods – All agencies’ SSPPs - http://sustainability.performance.gov/http://sustainability.performance.gov/ Office of Management & Budget (OMB) Sustainability & Energy Scorecard – Rates agencies on compliance with 95% sustainable acquisition goal & other green purchasing requirements 43 Reports & Measures

45. 95% of new contract actions must be sustainable, per E.O. 13514 & FAR 23.103 Conduct quarterly contract reviews of applicable agency contracts to demonstrate compliance with goal Contracts should have both: – Applicable green product FAR clauses, and – Requirements for green products & services Report progress in SSPP & OMB Scorecard Develop & implement corrective actions 44 Reports & Measures (cont.)

46. Greening Greening a Federal Contract Time to Exercise!

47. Renovate an Office Suite Product/ Service Recycled Content Biobased Content Energy EfficientOther

48. Renovate an Office Suite 47 Product/ServiceRecycled ContentBiobased ContentEnergy EfficientOther PaintConsolidated & Reprocessed Latex Latex & Waterborne Alkyd Low or no VOC; Non-toxic CarpetPolyesterJute, Seagrass, HempRecyclable; Biodegradable Carpet Cushion (underlay) Rubber (tire rubber); Carpet fabrication scrap Soy-basedRecyclable; Biodegradable Ceiling Tiles/Acoustical Panels Structural Fiberboard, Laminated Paperboard Biobased Jute FibersRecyclable; Light - reflective Roofing MaterialsPlastic or Plastic/Rubber Composite, Wood/Plastic Composite BioPreferredEnergyStar®Recyclable Roof CoatingsBioPreferredEnergyStar®Low VOC Interior PanelsStructural Fiberboard, Laminated Paperboard Biobased composite panels (plant fibers & resins) EnergyStar® (doors)Recyclable Lighting FixturesEnergyStar®/FEMP

49. Other Considerations Product/ServiceRecycled ContentBiobased ContentEnergy EfficientOther 48

50. Other Considerations Product/ServiceRecycled ContentBiobased ContentEnergy Efficient Other FurniturePlastic, steel, particleboard/ fiberboard component, fabric; remanufactured or refurbished Biobased composite Panels (plant fibers & resins) Excess; Sustainably Harvested Wood (FSC) Electronic equipmentEPEAT Office Recycling Containers & Waste Receptacles Plastic, Steel, Paper (cardboard, paperboard) Cornstarch-based; Plant-based Excess; Recyclable; Compostable; Biodegradable Carpet & Furniture CleanersPostconsumer fiber/recovered fiber paper towels and general-purpose industrial wipers Natural bio-enzymesLow or no VOC; Biodegradable; Non-ozone depleting Packaging MaterialsContainerboard, paperboard Cornstarch-based; Plant-based Reduced Packaging; Packaging Take-back; Recyclable; Compostable; Biodegradable DeliveryLocal; Alternative Fuel Use Recycle Debris 49

51. Applicable FAR Provisions & Clauses Product/ServiceFAR Provision (P)/Clause (C)FAR Requirement Recycled Content  52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (C)*52.223-17 Affirmative Procurement of EPA- designated Items in Service and Construction Contracts (C)  52.223-4. Recovered Material Certification (P) FAR 23.405(a)(1) When acquiring products with recovered materials – refer to EPA’s CPG list of designated items & to agency’s APP Biobased Content (BioPreferred)  52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (as amended April 18, 2012) (C)  52.223-2 Affirmative Procurement of Biobased Products Under Service and Const. Contracts (C)  52.223-1. Biobased Product Certification (P) FAR 23.405(a)(2) When acquiring products with biobased content – refer to USDA’s list of designated items (BioPreferred) & to agency’s APP EnergyStar®/Energy- Efficient  52.223-15 Energy Efficiency in Energy-Consuming Products (C)* FAR 23.203 When acquiring energy-consuming products - refer to EPA’s list of Energy Star® products or DOE-FEMP’s list of energy efficient products, AND, for products that consume power in a standby mode, refer to FEMP’s Low Standby Power Devices product list. Environmentally Preferable (Electronics)  52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (C)* FAR 23.704 As required by EO 13423, agencies must meet at least 95% of their annual acquisition requirement for electronic products with EPEAT- registered electronic products Paper (Offer, Reports, etc.)  52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 4.302 requires contractors to submit documents on 30% postconsumer fiber paper & print/copy double-sided *See 52.212-5 Contract Terms and Conditions

52. Barbara Matos barbara.matos@va.gov barbara.matos@va.gov (202) 461-6930 Questions ? Thank You!

53. Take-away 1 Resources & Tools

54. 53 FedCenter: Portal for comprehensive environmental stewardship & compliance assistance. Green purchasing information is available at https://www.fedcenter.gov/programs/buygreen https://www.fedcenter.gov/programs/buygreen Federal Acquisition Regulation: https://www.acquisition.gov/far/ https://www.acquisition.gov/far/ Environmental Protection Agency: Comprehensive Procurement Guidelines (recycled) www.epa.gov/cpgwww.epa.gov/cpg Energy Star www.energystar.govwww.energystar.gov WaterSense www.epa.gov/WaterSense/www.epa.gov/WaterSense/ Environmentally Preferable Purchasing Program www.epa.gov/eppwww.epa.gov/epp Non-ozone depleting substances www.epa.gov/ozone/snap/www.epa.gov/ozone/snap/ Major Environmental Laws www2.epa.gov/laws-regulationswww2.epa.gov/laws-regulations How & What to Buy

55. Department of Energy: Alternate Fuel Vehicles & Alternate Fuels www1.eere.energy.gov/vehiclesandfuels/epact/ www1.eere.energy.gov/vehiclesandfuels/epact/ Energy Efficient & Low Standby Power products www1.eere.energy.gov/femp/technologies/procuring_eeproducts.html www1.eere.energy.gov/femp/technologies/procuring_eeproducts.html U.S. Department of Agriculture: BioPreferred ® Program www.biopreferred.gov/www.biopreferred.gov/ BioPreferred® Catalog www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogSubCatego ryLanding.jsp www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogSubCatego ryLanding.jsp General Services Administration: Environmental Products Overview www.gsa.gov/envirowww.gsa.gov/enviro Green Products Compilation www.sftool.gov/GreenProcurementwww.sftool.gov/GreenProcurement Second Generation Federal Strategic Sourcing Initiative Office Supply Blanket Purchase Agreements www.gsa.gov/portal/content/141857www.gsa.gov/portal/content/141857 How & What to Buy (cont.)

56. Electronics Environmental Benefits Calculator http://www2.epa.gov/fec/publications-and-resources#calculator http://www2.epa.gov/fec/publications-and-resources#calculator Energy & Cost Savings Calculators for Energy-Efficient Products www.energystar.gov/index.cfm?c=bulk_purchasing.bus_purchasing www.energystar.gov/index.cfm?c=bulk_purchasing.bus_purchasing Greenhouse Gas Emissions www.epa.gov/climatechange Promoting Green Purchasing www.epa.gov/epp/tools/epp_metrics.pdf WAste Reduction Model (WARM) www.epa.gov/climatechange/wycd/waste/calculators/Warm_home.html (New Model Version: Updated June 2013) www.epa.gov/climatechange/wycd/waste/calculators/Warm_home.html GSA Carbon Footprint Tool www.gsa.gov/carbonfootprint www.gsa.gov/carbonfootprint EPA Greenhouse Gas Equivalencies Calculator http://www.epa.gov/cleanenergy/energy-resources/calculator.html http://www.epa.gov/cleanenergy/energy-resources/calculator.html 55 Environmental & Energy Benefits Calculators

57. GSA Advantage! (Environmental Program Aisle) www.gsaadvantage.gov/advantage/ main/start_page.do www.gsaadvantage.gov/advantage/ main/start_page.do DoD EMALL https://dod-emall.dla.mil https://dod-emall.dla.mil AbilityOne www.abilityone.govwww.abilityone.gov UNICOR/Federal Prison Industries www.unicor.govwww.unicor.gov EPEAT-Registered Products http://www.epeat.net/ http://www.epeat.net/ Commercial sources Where to Buy

58. Take-away 2 Sustainable Acquisition & the Federal Acquisition Regulation

59. Biobased Product Determined by the U.S. Department of Agriculture to be a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials (including plant, animal, and marine materials) and* forestry materials. Energy-efficient Product Meets Department of Energy (DOE) and Environmental Protection Agency (EPA) criteria for use of the Energy Star trademark label; or is in the upper 25% of efficiency for all similar products as designated by DOE’s Federal Energy Management Program (FEMP). Energy-efficient Standby Power Devices Use external standby power devices, or that contain an internal standby power function; and no more than one watt of electricity in their standby power consuming mode or meet recommended low standby levels as designated by DOE FEMP. Energy-savings Performance Contract Requires the contractor to: (1) Perform services for the design, acquisition, financing, installation, testing, operation, and where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations; (2) Incur the costs of implementing the energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel in exchange for a predetermined share of the value of the energy savings directly resulting from implementation of such measures during the term of the contract; and (3) Guarantee future energy and cost savings to the Government. *Replaces “or” – amended April 18, 2012 58 FAR Part 2: Definitions

60. Environmentally Preferable 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. Ozone-depleting Substance Any substance the EPA designates in 40 CFR Part 82 as (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons. Pollution prevention Any practice that (1)(i) Reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and (ii) Reduces the hazards to public health and the environment associated with the release of such substances, pollutants, and contaminants; (2) Reduces or eliminates the creation of pollutants through increased efficiency in the use of raw materials, energy, water, or other resources; or (3) Protects natural resources by conservation. Recovered material Waste materials and by-products recovered or diverted from solid waste. Does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. 59 FAR Part 2: Definitions (cont.)

61. Renewable energy Energy produced by solar, wind, geothermal, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. Renewable energy technology (1) Technologies that use renewable energy to provide light, heat, cooling, or mechanical or electrical energy for use in facilities or other activities; or (2) The use of integrated whole-building designs that rely upon renewable energy resources, including passive solar design. Sustainable acquisition Acquiring goods and services in order to create and maintain conditions (1) Under which humans and nature can exist in productive harmony; and (2) That permit fulfilling the social, economic, and other requirements of present and future generations. Virgin material (1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or (2) Any undeveloped resource that is, or with new technology will become, a source of raw materials. Waste reduction Preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products. Water consumption intensity Water consumption per square foot of building space. 60 FAR Part 2: Definitions (cont.)

62. Contains language that emphasizes procurement of recycled-content & environmentally preferable products & services 7.103 - Agency heads must ensure that agency planners comply with the policy regarding procurement of products containing recovered materials, & environmentally preferable & energy-efficient products & services, & specify need for printing & writing paper meeting 30% postconsumer fiber minimum content standards 7.105(b)(16) - Requires written acquisition plans to “discuss all applicable environmental and energy conservation objectives associated with the acquisition…” 61 FAR Part 7: Acquisition Planning

63. The FAR requires agencies to consider use of recovered materials, environmentally preferable purchasing criteria developed by EPA, & environmental objectives when developing specifications & standards describing government requirements & developing source selection factors 62 FAR Part 11: Describing Agency Needs

64. FAR PART 23 – ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE  Subpart 23.1 – Sustainable Acquisition Policy  Subpart 23.2 – Energy and Water Efficiency and Renewable Energy  Subpart 23.4 – Use of Recovered Materials and Biobased Products  Subpart 23.7 – Contracting for Environmentally Preferable and Energy-Efficient Products and Services  Subpart 23.8 – Ozone-Depleting Substances 63 FAR Part 23: Environmental & Energy Considerations

65. 23.202 Policy The Government's policy is to 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 and those at or below the micro-purchase threshold (including those made with a Government purchase card). 64 FAR Subpart 23.2: Energy & Water Efficiency & Renewable Energy

66. 23.203 Energy Efficient Products – Agencies shall purchase ENERGY STAR ® or other energy-efficient items listed on the Department of Energy's Federal Energy Management Program (FEMP) list; and – Agencies shall meet standby wattage recommendations on FEMP's Standby Power Devices product listing, or purchase products using no more than one watt in standby mode, or purchase with lowest practical standby wattage 65 Energy-Using Products

67. 23.203 Energy Efficient Products When contracting for services that will include the provision of energy-using products, including contracts for design, construction, renovation, or maintenance of a public building, agencies will follow same guidelines as for purchasing products (energy efficiency and standby wattage) 66 Contracting for Energy Efficient Products & Services

68. 23.205 Energy Savings Performance Contracts Section 403 of Executive Order 13123 of June 3, 1999, Greening the Government through Efficient Energy Management, requires an agency to use an energy- savings performance contract when life-cycle cost- effective, to reduce energy use and cost in the agency's facilities and operations 67 Applicability to Performance Contracts

69. (a) (1) Recovered Materials. Contracting officers should refer to EPA’s list of designated items when purchasing supplies that contain recovered material or services that could include the use of products that contain recovered material. (a)(2) Biobased Products. Contracting officers should refer to USDA’s list of designated items when purchasing supplies that contain biobased material or services that could include supplies that contain biobased material. 68 23.405 - Procedures

70. 23.703 Policy. Agencies must – (a) Implement cost-effective contracting preference programs promoting energy- efficiency, water conservation, and the acquisition of environmentally preferable products and services; and (b) Employ acquisition strategies that affirmatively implement the following environmental objectives: (1)Maximize the utilization of environmentally preferable products and services (2)Promote energy-efficiency and water conservation. (3) Eliminate or reduce the generation of hazardous waste and the need for special material processing (including special handling, storage, treatment, and disposal). (4) Promote the use of nonhazardous and recovered materials (5)Realize life-cycle cost savings. (6) Promote cost-effective waste reduction when creating plans, drawings, specifications, standards, and other product descriptions authorizing material substitutions, extensions of shelf-life, & process improvements. (7) Promote the use of biobased products. (8) Purchase only plastic ring carriers that are degradable. 69 23.7 – Contracting for Environmentally Preferable Products & Services

71. 23.705 – Contract Clauses Insert Clause 52.223-16, IEEE* 1680 Standard for the Environmental Assessment of Personal Computer Products, in all solicitations and contracts for— – (i) Personal computer products; – (ii) Services that require furnishing of personal computer products for use by the Government; or – (iii) Contractor operation of Government-owned facilities. Requires EPEAT level of bronze or higher *Institute of Electrical and Electronics Engineers 70 Electronic Product Environmental Assessment Tool (EPEAT)

72. Take-away 3 Sustainable Acquisition Solicitation Provisions & Contract Clauses in the Federal Acquisition Regulation

73. 72 Provision (P) or Clause (C) TitlePrescriptionP or CSummarySpecial Considerations 52.204-4Printed or Copied Double-Sided on Recycled Paper 4.303CRequires documents be printed or copied double- sided on recycled paper. 52.211-5Material Requirements11.304CRequires specification of material composition (virgin material, recovered material, etc.) For use only in non-commercial acquisitions 52.212-5Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. 12.301 (b)(4)CImplements statutes or executive orders for commercial items in one place For use only in commercial acquisitions. Replaces the need to incorporate 52.223-9 with Alt I, 52.223-15, and 52.223-16 with Alt I separately 52.213-4Terms and Conditions- -Simplified Acquisitions (Other Than Commercial Items). 13.302-5 (d)CImplements statutes or executive orders for simplified acquisitions for other than commercial items in one place For use only in Simplified Acquisitions for other than commercial items that exceed the micro-purchase threshold. Replaces the need to incorporate 52.223-15 separately 52.223-1Biobased Product Certification 23.406(a) PUse in solicitations that require the delivery or specify the use of USDA-designated items or if 52.223-2 is utilized Effective May 2012, new paragraph (c) provides fiscal year reporting requirements on product types & dollar value of USDA- designated products purchased by Contractor FAR Provisions & Clauses – Sustainable Acquisition

74. 73 Provision (P) or Clause (C) TitlePrescriptionP or CSummarySpecial Considerations 52.223-2Affirmative Procurement of Biobased Products Under Service and Construction Contracts 23.406(b) CUse in service or construction solicitations and contracts unless the contract will not involve the use of USDA-designated items at *www.biopreferred.govwww.biopreferred.gov or 7 CFR Part 3201* *Amended April 18, 2012; 52.223-4Recovered Material Certification 23.40623.406(c) PUse in solicitations that require the delivery or specify the use of EPA-designated products 52.223-9Estimate of Percentage of Recovered Material Content for EPA- Designated Items 23.406(d) CRequires an estimate of percentage of recovered material content for EPA-designated products for contracts exceeding the Simplified Acquisition Threshold and specify use of EPA designated items Does not need to be put in if 52.212-5 is utilized, and the block for 52.223-9 is checked 52.223-10Waste Reduction Program 23.70523.705(a) CRequires contractor to establish a program to promote waste reduction in all contractor operations and facilities covered by the contract Use in all solicitations and contracts for contractor operation of Government- owned or -leased facilities and for support services at Government-owned or -operated facilities 52-223-12Refrigeration Equipment and Air Conditioners 23.80423.804(b) CRequires compliance with applicable sections of the Clean Air Act Also see applicable energy- efficiency provisions/clauses FAR Provisions & Clauses – Sustainable Acquisition (cont.)

75. 74 Provision (P) or Clause (C) TitlePrescriptionP or CSummarySpecial Considerations 52.223-15Energy Efficiency in Energy-Consuming Products 23.206 CDefines “Energy-efficient product” to include EnergyStar® qualified products and FEMP-designated products (those in the upper 25% of energy efficiency as designated by the Department of Energy’s Federal Energy Management Program). See ENERGY STAR® at http://www.energystar.gov /products; and http://www.energystar.gov /products FEMP at http://www1.eere.energy.g ov/femp/procurement/eep _requirements.html. http://www1.eere.energy.g ov/femp/procurement/eep _requirements.html 52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products 23.70523.705(b)(1) CCurrently applies to: computer monitor; desktop computer; notebook computer; and personal computer product (i.e., peripherals integral to operation of the computer, such as the mouse and keyboard). Requires delivery of EPEAT Bronze registered or higher.. See www.epeat.net www.epeat.net 52.223-17Affirmative Procurement of EPA-designated Items in Service and Construction Contracts 23.40623.406(e) CRequires the maximum use of products containing recovered materials that are EPA-designated Exemption for price, performance, availability 52.223-19Compliance with Environmental Management Systems 23.903CRequires work performed to conform with all operational controls identified in the agency’s or facility’s EMS and provide information necessary for the Government to address environmental performance relative to the EMS goals Where goals for Green Purchasing/Sustainable Acquisition are included in the EMS FAR Provisions & Clauses – Sustainable Acquisition (cont.)