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Signature of Contractor's Authorized Official <br />Name and Title of Contractor's Authorized Official <br />Date <br />10. Procurement of Recovered Materials <br />a. Applicability: This requirement applies to all FEMA grant and cooperative <br />agreement programs. <br />b. A non -Federal entity that is a state agency or agency of a political subdivision of a state <br />and its contractors must comply with Section. 6002 of the Solid Waste Disposal Act, Pub. <br />L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery <br />Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, J; 2 C.F.R. § 200.322; <br />PDAT Supplement, Chapter V, 7. <br />c. The requirements of Section 6002 include procuring only items designated in guidelines <br />of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered <br />materials practicable, consistent with maintaining a satisfactory level of competition, <br />where the purchase price ofthe item exceeds $10,000 or the value of the quantity <br />acquired by the preceding fiscal year . exceeded $10,000; procuring solid waste <br />management services in a manner that maximizes energy and resource recovery; and <br />establishing an affirmative procurement program for procurement of recovered materials <br />identified in the EPA guidelines. <br />d. The following provides the clause that a state agency or agency of a political <br />subdivision of a state and its contractors can include in contracts meeting the above <br />contract thresholds: <br />"(1) In the performance of this contract, the Contractor shall make maximum use <br />of products containing recovered materials that are EPA- designated items <br />unless the product cannot be acquired— <br />(i) Competitively within a timeframe providing for compliance with <br />the contract performance schedule; <br />(ii) Meeting contract performance requirements; or <br />147 <br />68 <br />