ENCLOSURE (1) TO COMDTIINST 16000.1
PART 4 - ACQUISITION PLANNING AND AFFIRMATIVE PROCUREMENT PROGRAMS
Sec. 401. Acquisition Planning. In developing plans, drawings, work statements, specifications, or other
product descriptions, agencies shall consider the following factors: elimination of virgin material requirements; use
of recovered materials; reuse of product; life cvcle cost; recyclability; use of environmentally preferable products;
waste prevention (including toxicity reduction or elimination); and ultimate disposal, as appropriate. These factors
should be considered in acquisition planning for all procurements and in the evaluation and award of contracts, as
appropriate. Program and acquisition managers should take an active role in these activities.
Sec. 402. Affirmative Procurement Programs. The head of each Executive agency shall develop and
implement affirmative procurement programs in accordance with RCRA section 6002 (42 U.S.C. 6962) and this
order. Agencies shall ensure that responsibilities for preparation, implementation and monitoring of affirmative
procurement programs are shared between the program personnel and procurement personnel. For the purposes of all
purchases made pursuant to this order, EPA, in consultation with such other Federal agencies as appropriate, shall
endeavor to maximize environmental benefits, consistent with price, performance and availability considerations, and
shall adjust bid solicitation guidelines as necessary in order to accomplish this goal.
(a) Agencies shall establish affirmative procurement programs for all designated EPA guideline items
purchased by their agency. For newly designated items, agencies shall revise their internal programs within one year
from the date EPA-designated the new items.
(b) For the currently designated EPA guideline items, which are: (i) concrete and cemerit containing fly ash;
(ii) recycled paper products; (iii) re-refined lubricating oil; (iv) retread tires; and (v) insulation containing recovered
materials; and for all future guideline items, agencies shall ensure that their affirmative procurement programs
require that 100 percent of their purchases of products meet or exceed the EPA guideline standards unless written
justification is provided that a product is not available competitively within a reasonable time frame, does not meet
appropriate performance standards, or is only available at an unreasonable price.
(c) The Agency Environmental Executives will track agencies' purchases of designated EPA guideline items
and report agencies' purchases of such guideline items to the Federal Environmental Executive. Agency
Environmental Executives will be required to justify to the Federal Environmental Executive as to why the item(s)
have not been purchased or submit a plan for how the agencies intend to increase their purchases of the designated
(d) Agency affirmative procurement programs, to the maximum extent practicable, shall encourage that:
(1) documents be transferred electronically,
(2) all government documents printed internally be printed double-sided, and
(3) contracts, grants, and cooperative agreements issued after the effective date of this order include
provisions that require documents to be printed double-sided on recycled paper meeting or exceeding the standards
established in this order or in future EPA guidelines.
Sec. 403. Procurement of Existing Guideline Items. Within 90 days after the effective date of this order, the
head of each Executive agency that has not implemented an affirmative procurement program shall ensure that the
affirmative procurement program has been established and is being implemented to the maximum extent practicable.