Weekly Compilation of Presidential Documents Volume 29 Issue 42 (Monday, October 25, 1993)

[Weekly Compilation of Presidential Documents Volume 29, Number 42 (Monday, October 25, 1993)]
[Pages 2115-2122]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12873--Federal Acquisition, Recycling, and Waste
Prevention

October 20, 1993

Whereas, the Nation's interest is served when the Federal Government
can make more efficient use of natural resources by maximizing recycling
and preventing waste wherever possible;
Whereas, this Administration is determined to strengthen the role of
the Federal Government as an enlightened, environmentally conscious and
concerned consumer;
Whereas, the Federal Government should--through cost-effective waste
prevention and recycling activities--work to conserve disposal capacity,
and serve as a model in this regard for private and other public
institutions; and
Whereas, the use of recycled and environmentally preferable products
and services by the Federal Government can spur private sector
development of new technologies and use of such products, thereby
creating business and employment opportunities and enhancing regional
and local economies and the national economy;
Now, Therefore, I, William J. Clinton, by the authority vested in me
as President by the Constitution and the laws of the Unit-

[[Page 2116]]

ed States of America, including the Solid Waste Disposal Act, Public Law
89-272, 79 Stat. 997, as amended by the Resource Conservation and
Recovery Act (``RCRA''), Public Law 94-580, 90 Stat. 2795 as amended (42
U.S.C. 6901-6907), and section 301 of title 3, United States Code,
hereby order as follows:

Part 1--Preamble

Section 101. Consistent with the demands of efficiency and cost
effectiveness, the head of each Executive agency shall incorporate waste
prevention and recycling in the agency's daily operations and work to
increase and expand markets for recovered materials through greater
Federal Government preference and demand for such products.
Sec. 102. Consistent with policies established by Office of Federal
Procurement Policy (``OFPP'') Policy Letter 92-4, agencies shall comply
with executive branch policies for the acquisition and use of
environmentally preferable products and services and implement cost-
effective procurement preference programs favoring the purchase of these
products and services.
Sec. 103. This order creates a Federal Environmental Executive and
establishes high-level Environmental Executive positions within each
agency to be responsible for expediting the implementation of this order
and statutes that pertain to this order.

Part 2--Definitions

For purposes of this order:
Sec. 201. ``Environmentally preferable'' means 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.
Sec. 202. ``Executive agency'' or ``agency'' means an Executive
agency as defined in 5 U.S.C. 105. For the purpose of this order,
military departments, as defined in 5 U.S.C. 102, are covered under the
auspices of the Department of Defense.
Sec. 203. ``Postconsumer material'' means a material or finished
product that has served its intended use and has been discarded for
disposal or recovery, having completed its life as a consumer item.
``Postconsumer material'' is a part of the broader category of
``recovered material''.
Sec. 204. ``Acquisition'' means the acquiring by contract with
appropriated funds for supplies or services (including construction) by
and for the use of the Federal Government through purchase or lease,
whether the supplies or services are already in existence or must be
created, developed, demonstrated and evaluated. Acquisition begins at
the point when agency needs are established and includes the description
of requirements to satisfy agency needs, solicitation and selection of
sources, award of contracts, contract financing, contract performance,
contract administration and those technical and management functions
directly related to the process of fulfilling agency needs by contract.
Sec. 205. ``Recovered materials'' means waste materials and by-
products which have been recovered or diverted from solid waste, but
such term does not include those materials and by-products generated
from, and commonly reused within, an original manufacturing process (42
U.S.C. 6903 (19)).
Sec. 206. ``Recyclability'' means the ability of a product or
material to be recovered from, or otherwise diverted from, the solid
waste stream for the purpose of recycling.
Sec. 207. ``Recycling'' means the series of activities, including
collection, separation, and processing, by which products or other
materials are recovered from the solid waste stream for use in the form
of raw materials in the manufacture of new products other than fuel for
producing heat or power by combustion.
Sec. 208. ``Waste prevention,'' also known as ``source reduction,''
means any change in the design, manufacturing, purchase or use of
materials or products (including packaging) to reduce their amount or
toxicity before they become municipal solid waste. Waste prevention also
refers to the reuse of products or materials.
Sec. 209. ``Waste reduction'' means preventing or decreasing the
amount of waste being generated through waste prevention, recycling, or
purchasing recycled and environmentally preferable products.

[[Page 2117]]

Sec. 210. ``Life Cycle Cost'' means the amortized annual cost of a
product, including capital costs, installation costs, operating costs,
maintenance costs and disposal costs discounted over the lifetime of the
product.
Sec. 211. ``Life Cycle Analysis'' means the comprehensive
examination of a product's environmental and economic effects throughout
its lifetime including new material extraction, transportation,
manufacturing, use, and disposal.

Part 3--The Role of the Federal Environmental Executive and Agency
Environmental Executives

Sec. 301. Federal Environmental Executive. (a) A Federal
Environmental Executive shall be designated by the President and shall
be located within the Environmental Protection Agency (``EPA''). The
Federal Environmental Executive shall take all actions necessary to
ensure that the agencies comply with the requirements of this order and
shall generate an annual report to the Office of Management and Budget
(``OMB''), at the time of agency budget submissions, on the actions
taken by the agencies to comply with the requirements of this order. In
carrying out his or her functions, the Federal Environmental Executive
shall consult with the Director of the White House Office on
Environmental Policy.
(b) Staffing. A minimum of four (4) full time staff persons are to
be provided by the agencies listed below to assist the Federal
Environmental Executive, one of whom shall have experience in
specification review and program requirements, one of whom shall have
experience in procurement practices, and one of whom shall have
experience in solid waste prevention and recycling. These four staff
persons shall be appointed and replaced as follows:
(1) a representative from the Department of Defense shall be
detailed for not less than one year and no more than two years;
(2) a representative from the General Services Administration
(``GSA'') shall be detailed for not less than one year and no more than
two years;
(3) a representative from EPA shall be detailed for not less than
one year and no more than two years; and
(4) a representative from one other agency determined by the Federal
Environmental Executive shall be detailed on a rotational basis for not
more than one year.
(c) Administration. Agencies are requested to make their services,
personnel and facilities available to the Federal Environmental
Executive to the maximum extent practicable for the performance of
functions under this order.
(d) Committees and Work Groups. The Federal Environmental Executive
shall establish committees and work groups to identify, assess, and
recommend actions to be taken to fulfill the goals, responsibilities,
and initiatives of the Federal Environmental Executive. As these
committees and work groups are created, agencies are requested to
designate appropriate personnel in the areas of procurement and
acquisition, standards and specifications, electronic commerce,
facilities management, waste prevention, and recycling, and others as
needed to staff and work on the initiatives of the Executive.
(e) Duties. The Federal Environmental Executive, in consultation
with the Agency Environmental Executives, shall:
(1) identify and recommend initiatives for government-wide
implementation that will promote the purposes of this order, including:
(A) the development of a federal plan for agency implementation of
this order and appropriate incentives to encourage the acquisition
of recycled and environmentally preferable products by the Federal
Government;
(B) the development of a federal implementation plan and guidance
for instituting economically efficient federal waste prevention,
energy and water efficiency programs, and recycling programs
within each agency; and
(C) the development of a plan for making maximum use of available
funding assistance programs;
(2) collect and disseminate information electronically concerning
methods to reduce waste, materials that can be recycled, costs and
savings associated with waste prevention and recycling, and current
market sources of products that are environmentally preferable or
produced with recovered materials;

[[Page 2118]]

(3) provide guidance and assistance to the agencies in setting up
and reporting on agency programs and monitoring their effectiveness; and
(4) coordinate appropriate government-wide education and training
programs for agencies.
Sec. 302. Agency Environmental Executives. Within 90 days after the
effective date of this order, the head of each Executive department and
major procuring agency shall designate an Agency Environmental Executive
from among his or her staff, who serves at a level no lower than at the
Deputy Assistant Secretary level or equivalent. The Agency Environmental
Executive will be responsible for:
(a) coordinating all environmental programs in the areas of
procurement and acquisition, standards and specification review,
facilities management, waste prevention and recycling, and logistics;
(b) participating in the interagency development of a Federal plan
to:
(1) create an awareness and outreach program for the private sector
to facilitate markets for environmentally preferable and recycled
products and services, promote new technologies, improve awareness about
federal efforts in this area, and expedite agency efforts to procure new
products identified under this order;
(2) establish incentives, provide guidance and coordinate
appropriate educational programs for agency employees; and
(3) coordinate the development of standard agency reports required
by this order;
(c) reviewing agency programs and acquisitions to ensure compliance
with this order.

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 cycle
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 cement 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

[[Page 2119]]

intend to increase their purchases of the designated item(s).
(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.
Sec. 404. Electronic Acquisition System. To reduce waste by
eliminating unnecessary paper transactions in the acquisition process
and to foster accurate data collection and reporting of agencies'
purchases of recycled content and environmentally preferred products,
the executive branch will implement an electronic commerce system
consistent with the recommendations adopted as a result of the National
Performance Review.

Part 5--Standards, Specifications and Designation of Items

Sec. 501. Specifications, Product Descriptions and Standards. Where
applicable, Executive agencies shall review and revise federal and
military specifications, product descriptions and standards to enhance
Federal procurement of products made from recovered materials or that
are environmentally preferable. When converting to a Commercial Item
Description (CID), agencies shall ensure that environmental factors have
been considered and that the CID meets or exceeds the environmentally
preferable criteria of the government specification or product
description. Agencies shall report annually on their compliance with
this section to the Federal Environmental Executive for incorporation
into the annual report to OMB referred to in section 301 of this order.
(a) If an inconsistency with RCRA Section 6002 or this order is
identified in a specification, standard, or product description, the
Federal Environmental Executive shall request that the Environmental
Executive of the pertinent agency advise the Federal Environmental
Executive as to why the specification cannot be revised or submit a plan
for revising it within 60 days.
(b) If an agency is able to revise an inconsistent specification but
cannot do so within 60 days, it is the responsibility of that agency's
Environmental Executive to monitor and implement the plan for revising
it.
Sec. 502. Designation of Items that Contain Recovered Materials. In
order to expedite the process of designating items that are or can be
made with recovered materials, EPA shall institute a new process for
designating these items in accordance with RCRA section 6002(e) as
follows. (a) EPA shall issue a Comprehensive Procurement Guideline
containing designated items that are or can be made with recovered
materials.
(1) The proposed guideline shall be published for public comment in
the Federal Register within 180 days after the effective date of this
order and shall be updated annually after publication for comment to
include additional items.
(2) Once items containing recovered materials have been designated
by EPA through the new process established pursuant to this section and
in compliance with RCRA section 6002, agencies shall modify their
affirmative procurement programs to require that, to the maximum extent
practicable, their purchases of products meet or exceed the EPA
guideline standards unless written justification is provided that a
product is not available competitively, not available within a
reasonable time frame, does not meet appropriate performance standards,
or is only available at an unreasonable price.
(b) Concurrent with the issuance of the Comprehensive Procurement
Guideline required by section 502(a) of this order, EPA shall publish
for public comment in the Federal Register Recovered Material Advisory
Notice(s) that present the range of recovered material content levels
within which the des-

[[Page 2120]]

ignated recycled items are currently available. These levels shall be
updated periodically after publication for comment to reflect changes in
market conditions.
Sec. 503. Guidance for Environmentally Preferable Products. In
accordance with this order, EPA shall issue guidance that recommends
principles that Executive agencies should use in making determinations
for the preference and purchase of environmentally preferable products.
(a) Proposed guidance shall be published for public comment in the
Federal Register within 180 days after the effective date of this order,
and may be updated after public comment, as necessary, thereafter. To
the extent necessary, EPA may issue additional guidance for public
comment on how the principles can be applied to specific product
categories.
(b) Once final guidance for environmentally preferable products has
been issued by EPA, Executive agencies shall use these principles, to
the maximum extent practicable, in identifying and purchasing
environmentally preferable products and shall modify their procurement
programs by reviewing and revising specifications, solicitation
procedures, and policies as appropriate.
Sec. 504. Minimum Content Standard for Printing and Writing Paper.
Executive agency heads shall ensure that agencies shall meet or exceed
the following minimum materials content standards when purchasing or
causing the purchase of printing and writing paper:
(a) For high speed copier paper, offset paper, forms bond, computer
printout paper, carbonless paper, file folders, and white woven
envelopes, the minimum content standard shall be no less than 20 percent
postconsumer materials beginning December 31, 1994. This minimum content
standard shall be increased to 30 percent beginning on December 31,
1998.
(b) For other uncoated printing and writing paper, such as writing
and office paper, book paper, cotton fiber paper, and cover stock, the
minimum content standard shall be 50 percent recovered materials,
including 20 percent postconsumer materials beginning on December 31,
1994. This standard shall be increased to 30 percent beginning on
December 31, 1998.
(c) As an alternative to meeting the standards in sections 504(a)
and (b), for all printing and writing papers, the minimum content
standard shall be no less than 50 percent recovered materials that are a
waste material byproduct of a finished product other than a paper or
textile product which would otherwise be disposed of in a landfill, as
determined by the State in which the facility is located.
(1) The decision not to procure recycled content printing and
writing paper meeting the standards specified in this section shall be
based solely on a determination by the contracting officer that a
satisfactory level of competition does not exist, that the items are not
available within a reasonable time period, or that the available items
fail to meet reasonable performance standards established by the agency
or are only available at an unreasonable price.
(2) Each agency should implement waste prevention techniques, as
specified in section 402(d) of this order, so that total annual
expenditures for recycled content printing and writing paper do not
exceed current annual budgets for paper products as measured by average
annual expenditures, adjusted for inflation based on the Consumer Price
Index or other suitable indices. In determining a target budget for
printing and writing paper, agencies may take into account such factors
as employee increases or decreases, new agency or statutory initiatives,
and episodic or unique requirements (e.g., census).
(3) Effective immediately, all agencies making solicitations for the
purchase of printing and writing paper shall seek bids for paper with
postconsumer material or recovered waste material as described in
section 504(c).
Sec. 505. Revision of Brightness Specifications and Standards. The
General Services Administration and other Federal agencies are directed
to identify, evaluate and revise or eliminate any standards or
specifications unrelated to performance that present barriers to the
purchase of paper or paper products made by production processes that
minimize emissions of harmful byproducts. This evaluation shall include
a review of unneces-

[[Page 2121]]

sary brightness and stock clause provisions, such as lignin content and
chemical pulp requirements. The GSA shall complete the review and
revision of such specifications within six months after the effective
date of this order, and shall consult closely with the Joint Committee
on Printing during such process. The GSA shall also compile any
information or market studies that may be necessary to accomplish the
objectives of this provision.
Sec. 506. Procurement of Re-refined Lubricating Oil and Retread
Tires. Within 180 days after the effective date of this order, agencies
shall implement the EPA procurement guidelines for re-refined
lubricating oil and retread tires.
(a) Commodity managers shall finalize revisions to specifications
for re-refined oil and retread tires, and develop and issue
specifications for tire retreading services, as commodity managers shall
take affirmative steps to procure these items in accordance with RCRA
section 6002.
(b) Once these items become available, fleet managers shall take
affirmative steps to procure these items in accordance with RCRA section
6002.
Sec. 507. Product Testing. The Secretary of Commerce, through the
National Institute of Standards and Technology (``NIST''), shall
establish a program for testing the performance of products containing
recovered materials or deemed to be environmentally preferable. NIST
shall work with EPA, GSA and other public and private sector
organizations that conduct appropriate life cycle analyses to gather
information that will assist agencies in making selections of products
and services that are environmentally preferable.
(a) NIST shall publish appropriate reports describing testing
programs, their results, and recommendations for testing methods and
related specifications for use by Executive agencies and other
interested parties.
(b) NIST shall coordinate with other Executive and State agencies to
avoid duplication with existing testing programs.

Part 6--Agency Goals and Reporting Requirements

Sec. 601. Goals for Waste Reduction. Each agency shall establish a
goal for solid waste prevention and a goal for recycling to be achieved
by the year 1995. These goals shall be submitted to the Federal
Environmental Executive within 180 days after the effective date of this
order. Progress on attaining these goals shall be reported by the
agencies to the Federal Environmental Executive for the annual report
specified in section 301 of this order.
Sec. 602. Goal for Increasing the Procurement of Recycled and Other
Environmentally Preferable Products. Agencies shall strive to increase
the procurement of products that are environmentally preferable or that
are made with recovered materials and set annual goals to maximize the
number of recycled products purchased, relative to non-recycled
alternatives.
Sec. 603. Review of Implementation. The President's Council on
Integrity and Efficiency (``PCI'') will request that the Inspectors
General periodically review agencies' affirmative procurement programs
and reporting procedures to ensure their compliance with this order.

Part 7--Applicability and Other Requirements

Sec. 701. Contractor Operated Facilities. Contracts that provide for
contractor operation of a government-owned or leased facility, awarded
after the effective date of this order, shall include provisions that
obligate the contractor to comply with the requirements of this order
within the scope of its operations. In addition, to the extent permitted
by law and where economically feasible, existing contracts should be
modified.
Sec. 702. Real Property Acquisition and Management. Within 90 days
after the effective date of this order, and to the extent permitted by
law and where economically feasible, Executive agencies shall ensure
compliance with the provisions of this order in the acquisition and
management of federally owned and leased space. GSA and other Executive
agencies shall also include environmental and recycling provisions in
the acquisition of all leased space and in the construction of new
federal buildings.
Sec. 703. Retention of Funds. Within 90 days after the effective
date of this order, the Administrator of GSA shall develop a legislative
proposal providing authority for Ex-

[[Page 2122]]

ecutive agencies to retain a share of the proceeds from the sale of
materials recovered through recycling or waste prevention programs and
specifying the eligibility requirements for the materials being
recycled.
Sec. 704. Model Facility Programs. Each Executive department and
major procuring agency shall establish model facility demonstration
programs that include comprehensive waste prevention and recycling
programs and emphasize the procurement of recycled and environmentally
preferable products and services using an electronic data interchange
(EDI) system.
Sec. 705. Recycling Programs. Each Executive agency that has not
already done so shall initiate a program to promote cost effective waste
prevention and recycling of reusable materials in all of its facilities.
The recycling programs implemented pursuant to this section must be
compatible with applicable State and local recycling requirements.
Federal agencies shall also consider cooperative ventures with State and
local governments to promote recycling and waste reduction in the
community.

Part 8--Awareness

Sec. 801. Agency Awards Program. A government-wide award will be
presented annually by the White House to the best, most innovative
program implementing the objectives of this order to give greater
visibility to these efforts so that they can be incorporated government-
wide.
Sec. 802. Internal Agency Awards Programs. Each agency shall develop
an internal agency-wide awards program, as appropriate, to reward its
most innovative environmental programs. Winners of agency-wide awards
will be eligible for the White House award program.

Part 9--Revocation, Limitation and Implementation

Sec. 901. Executive Order No. 12780, dated October 31, 1991, is
hereby revoked.
Sec. 902. This order is intended only to improve the internal
management of the executive branch and is not intended to create any
right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any
other person.
Sec. 903. The policies expressed in this order, including the
requirements and elements for effective agency affirmative procurement
programs, shall be implemented and incorporated in the Federal
Acquisition Regulation (FAR) within 180 days after the effective date of
this order. The implementation language shall consist of providing
specific direction and guidance on agency programs for preference,
promotion, estimation, certification, reviewing and monitoring.
Sec. 904. This order shall be effective immediately.
William J. Clinton
The White House,
October 20, 1993.

[Filed with the Office of the Federal Register, 11:24 a.m., October 21,
1993]

Note: This Executive order was published in the Federal Register on
October 22.