Environmentally Preferable Purchasing (EPP) Training Integrating EPP Requirements Into MA-43 Contracts Dec

Overview Think of Environmentally Preferable Purchasing (EPP) as “ buying green” or “environmentally friendly” Typically, EPP includes the following areas: – Recycled Content Products – Biobased Content Products – Low Emitting Materials We are also including Integrated Pest Management in this effort We’ll briefly discuss each of these areas and then review our MA-40 EPP SOP which provides all the info you’ll need to know to incorporate green purchasing requirements into the various contracts you manage 2

Recycled Content Products Refers to products that contain: – Post-consumer content (i.e. products recycled from the consumer market such as bottles and cans) – Recovered content (includes post consumer content as well as waste materials that never made it to a consumer market such as manufacturing scraps and by-products) Governed by the Environmental Protection Agency and identified in EPA’s Comprehensive Procurement Guidelines (CPG) Covers about 60 different types of products in 8 different categories: - Construction Products- Landscaping Products - Paper and Paper Products- Vehicular Products - Non Paper Office Products- Transportation Products - Park and Recreation Products - Miscellaneous Products Examples: See the following for more information: 3

Biobased Products Refers to finished consumer products that are composed of (in whole or significant part) plant, animal, and marine materials Governed by the US Department of Agriculture (USDA) and identified through the USDA’s BioPreferred Program Covers over 125 different types of products such as bed linens, 2-cycle engine oil, blast media, shampoo, and floor strippers Examples: See the following for more information: 4

Low Emitting Materials Refers to products that emit low amounts of volatile organic compounds (VOCs) in support of better air quality There are no Federal standards governing materials in this category But there are many types of products that have low VOC alternatives including adhesives, lubricants, sealants, paints, and cleaners. A good resource to find available Low VOC products is the GSAAdvantage website at: 5

Integrated Pest Management Involves a systematic approach to managing pests in the building – Identify and monitor pests – Set thresholds to determine when action must be taken – Establish a control hierarchy with preventive and low–risk methods (e.g. cleaning, trapping) as a priority over higher-risk methods (e.g. targeted or wide-spread pesticide application) When using pesticides, contractor must: – Establish a pre-approved list of pesticides that may be used at the facility – Use only EPA approved pesticides – Maintain copies of manufacturer’s Safety Data Sheets – Establish a procedure for adding new pesticides to the facility approved list 6

SOP Overview The MA-43 Environmentally Preferable Purchasing SOP provides all the info necessary to properly include EPP requirements into our contracts: – Identifies which MA-43 contracts must address green purchasing – Provides exact contract language and clauses to include in each contract Following this SOP will allow us to: – Meet several elements of the High Performing Sustainable Building (HPSB) Guiding Principles – Meet DOE reporting requirements (annual report to DOE’s Sustainability Performance Office requires us to track the number of applicable new contracts that include EPP requirements) Keep in mind that this SOP only applies to new contracts (you do not have to modify existing contracts to address these items) 7

SOP – General (p. 1) Resource Intensive Contracts – Contractors furnish large quantities of materials (e.g. building operations support contract, janitorial contract – Must integrate specific Green Procurement language into the Performance Work Statement (PWS) of such contracts (when being renewed) Non-Resource Intensive – Contracts that do not deal with much material (e.g. trash removal, locksmith) – No need to add PWS language – just ensure various FAR clauses are included in the contract Applicable Contracts – SOP Appendix A provides a list of each contract and shows exactly what PWS language and/or FAR clauses to include in each contract 8

SOP - General (p. 2) The SOP contains all the language you need. Just cut and paste into the contract as appropriate: – SOP Appendix B: PWS language for Environmentally Preferable Purchasing – SOP Appendix C: PWS language for Integrated Pest Management – SOP Appendix D: FAR Clauses Ensure Contracting Officer understands these requirements – Prior to ratifying the new contract, review it to ensure the CO has kept all the required language in the contract Ensure Contractor follows these requirements – Some contracts will have reporting requirements – Ensure the contractor is aware and provides the reports 9

SOP Appendix A – Contracts (pp. A-1&2) Lists each MA-43 contract where this SOP applies – Contract # – Company Name – Description For each contract, it specifically identifies which Green Purchasing language to include Example: When renewing the janitorial contract, the new contract must include: – Appendix B Green Purchasing PWS language – Appendix C Integrated Pest Mgmt PWS language – Appendix D FAR Clauses 10

SOP Appendix B – EPP (p. B-1) Contains the exact PWS language to include directly into applicable contract renewals – Appendix A identifies exactly which contracts should include this language – Just cut and paste all of the language in this Appendix into an appropriate section of the new contract’s PWS Addresses: – Recycled Content products – Bio-based products – Low-VOC products 11

SOP Appendix B – EPP (p. B-2) The PWS language includes the following for each EPP category (Recycled content, Biobased, low-VOC): Background description Specific contractor requirements: – Provide DOE a list of applicable products – Strive to purchase products that meet requirements – Provide annual report to DOE summarizing purchases An Example of what the annual report should contain 12

SOP Appendix B – EPP (p. B-3) The EPP PWS also contains a contractor exemption Contractor may request an exemption from DOE for specific product types if buying such green products: – Is not cost effective – Does not meet performance requirements Exemptions are on a product-by- product basis (e.g. window cleaner) rather than for an entire category (e.g. bio-based products) 13

SOP Appendix B – EPP (p. B-4) The EPP PWS also provides a resources section (also to be included in the contract) Provides contractors with links to tools and green procurement catalogs to help with locating specific products that meet the various green purchasing requirements. 14

SOP Appendix C – Pest Mgmt (p. C-1) Contains the exact PWS language to include directly into applicable contract renewals – Appendix A identifies exactly which contracts should include this language – Just cut and paste all of the language in this Appendix into an appropriate section of the new contract’s PWS Note: At this point, the only contract we have that contains pest management requirements is our janitorial contract 15

SOP Appendix D – FAR Clauses (pp. D-1&2) These clauses must be inserted into ALL contracts listed in Appendix A They should be included in the contracts’ clauses section (not in the Performance Work Statement section) The Contracting Officer should already be familiar with these clauses – but make sure the CO includes them They are generic and address: – Biobased Products (FAR ) – Recycled Products (FAR ) – Sustainable Acquisition (DOE –H-1048) 16

FMO Contract Development Checklist Not part of the SOP – but an additional tool to help keep track of what to consider for new contracts The checklist covers: – Safety Plans  Contractor Certifications – Safety Work Permits  Stormwater Management – Environmentally Preferable Purchasing 17