Laserfiche WebLink
11. Procurement of Recovered Materials <br />An NFE that is a state agency or an agency of a political subdivision of a state, and the NFE's <br />contractors must comply with Section 6002 of the Solid Waste Disposal Act.56 Applicable NFEs must <br />include a contract provision requiring compliance with this requirement.57 This includes contracts <br />awarded by a state agency or political subdivision of a state and its contractors for certain items, as <br />designated by the EPA, with a purchase price greater than $10,000.58 Indian Tribal Governments <br />and nonprofit organizations are not required to comply with this provision. Additional requirements <br />are listed below. <br />11.1 Applicability <br />This required contract provision applies to all procurements over $10,000 made by a state agency or <br />an agency of a political subdivision of a state and its contractors. <br />11.2 Additional Requirements <br />The requirements include: <br />■ Procuring only items designated in EPA guidelines59 that contain the highest practical percentage <br />of recovered materials consistent with maintaining competition, where the purchase price of the <br />item is greater than $10,000, or the value of the amount of items purchased in the preceding <br />fiscal year was greater than $10,000; <br />■ Procuring solid waste management services in a way that maximizes energy and resource <br />recovery; and <br />■ Establishing an affirmative procurement program for procurement of recovered materials <br />identified in the EPA guidelines.60 <br />11.3 Suggested Language <br />The following provides a sample contract clause: <br />"In the performance of this contract, the Contractor shall make maximum use of products <br />containing recovered materials that are EPA -designated items unless the product cannot be <br />acquired - <br />56 Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 <br />U.S.C. § 6962).2 C.F.R. § 200.323. <br />57 See 2 C.F.R. Part 200, Appendix II, § J (citing 2 C.F.R. § 200.323). <br />58 See 2 C.F.R. Pan: 200, Appendix II, § J; 2 C.F.R. § 200.323; 40 C.F.R. Part 247. <br />59 40 C.F.R. Part 247. <br />60 42 U.S.C. § 6962; 2 C.F.R. § 200.323. <br />170 <br />