0- MPS- Exhibit I- Environmentally Preferable Purchasing Policy - 7-1-2010.pdf

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STATE OF COLORADO

ENVIRONMENTALLY PREFERABLE

PURCHASING POLICY

DEPARTMENT OF PERSONNEL AND ADMINISTRATION

STATE PURCHASING OFFICE

JULY 1, 2010

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By Brenda Lujan

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AcknowAcknowAcknowAcknowledgementsledgementsledgementsledgements

The State Purchasing Office wishes to acknowledge the dedication and efforts of several individuals and groups who contributed to this important

Purchasing policy for Colorado.

Jeff Wylde- State Purchasing Agent and Green Purchasing Lead

Sheri Castleman – Governor’s Energy Office Intern

Angie Fyfe- Governor’s Energy Office Greening Government

Program Manager

State of Colorado Purchasing Advisory Council Executive Committee

Green Team Leaders

The Colorado State Purchasing Agents

Responsible Purchasing Network Staff and Director

Thank you all – John Utterback State Purchasing Director

July 2010

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State of ColoradoState of ColoradoState of ColoradoState of Colorado

Environmentally Preferable Purchasing PolicyEnvironmentally Preferable Purchasing PolicyEnvironmentally Preferable Purchasing PolicyEnvironmentally Preferable Purchasing Policy

Table of Contents

I. Introduction

II. Purpose, Applicability, and Intended Use……………………………………………….. 5

III. Authority ………………………………………………………………...………………..6

IV. Statement of Policy………………………………………………………………………. 6

V. Benefits and Goals of Green Procurement ……………………………………………….8

VI. Priorities………………………………………………………………………………….10

VII. Specific Strategies………………………………………………………………………..11

A. Source and Waste Reduction ………………………..……….…………….……11

B. Reduction of Toxic Elements, Energy Consumption, Generated Emissions, Pollution, and Waste…………………………………………………………….12

C. Recycled Content Products………………………………………………..…….16

D. Energy and Water Saving Products……………………………………..……….17

E. Green Building - New Construction, Renovations, Operations & Maintenance..18

F. Landscaping and Xeriscaping……………………………………………………19

G. Forest Conservation……………………………………………………………...19

H. Agricultural and Bio-based Products…………………………………………… 20

VIII. Implementation…………………………………………………………………………..20

IX. Program Evaluation……………………………………………………………………...21

X. Independent Third-Party Certification, Environmental Advocacy, Label and Standards

Entities……………………………………………………………………………..…….22

Appendix A - Definitions………………………………………………..………………24

Appendix B – Abstracts of Certification, Environmental Advocacy, Label and Standards

Entities……………………………………………………………….…..29

Note: text shown highlighted denotes additions to this current version.

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I. INTRODUCTION

This document provides policy for the State of Colorado concerning Environmentally

Preferable Purchasing (EPP), and provides guidance for the procurement of sustainable commodities and services. Although the Department of Personnel and Administration, State

Purchasing Office (SPO) is responsible for maintenance and oversight of the EPP policy, implementing green procurement at the State agency level through delegated purchasing offices is necessary to achieve compliance. Therefore, it is vital that each delegated agency develop and maintain internal EPP procedures and practices reflecting the goals, priorities, and strategies provided within this policy. The Governor’s Energy Office (GEO) and DPA-

SPO have a shared responsibility for maintaining EPP website resources. The Governor’s

Energy Office primary contact is the Greening Government Manager. The DPA-SPO primary point of contact is the State Purchasing Director.

II. PURPOSE, APPLICABILITY, AND INTENDED USE

A. This policy is adopted to strengthen environmental outcomes through purchasing decisions that cause less pollution and waste, minimize toxicity to humans, conserve resources and habitats, minimize local and global climate impact, and contribute to sustainable economic growth within the State of Colorado.

B. This policy shall be referred to as the “Environmentally Preferable Purchasing

(EPP) Policy”; with adherence required by all State of Colorado delegated Group

I and Group II delegated Purchasing Agencies. Non-delegated agencies, and other governmental entities and public entities within the State are strongly encouraged to follow this guidance to the extent practicable.

C. The guidance contained in this EPP Policy is intended to facilitate adoption of best environmental practices by delegated and non-delegated agencies and other public entities within the State of Colorado consistent with Federally-adopted environmental purchasing trends and laws, as well as to provide direction for compliance with State statutes, Executive Orders and policies.

D. Primary users of this policy should be state government personnel involved in purchasing and contracting. Guidance specifically stated herein that contains the words “must” or “shall” is based on statutory or executive order requirements and adherence is mandatory by delegated State agencies. Guidance that contains the words “may” or “should” is recommended practice, but not required by law, statute, or order. Where documented standards do not require specific products, equivalent products should be researched and/or procured with the intent of obtaining the best value and performance within an environmentally preferable framework.

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III. AUTHORITY

A. Originating statutes, rules, policies, and executive orders.

Authority for this policy and its implementation are directed by, or derived from, the following official actions:

• Energy Policy Act (EP-Act 507- 1996)

• EO D0014-03 “Energy Performance Contracting, State Agencies” (7/04)

• EO D 005-05 “Greening of State Government” (5/05)

• 24-30-1104: Alternative Fuel Use Requirement (3/06)

• 24-30-1301 through 1305: High Performance State Buildings (4/07)

• EO D 0010-07 “The Governor’s Energy Office” (4/07)

• EO D0011-07 “Greening of State Government- Goals and Objectives” (4/07)

• Colorado Climate Action Plan (11/07)

• EO D0012-07 “Greening of State Government- Detailed Implementation”

(4/07)

• 24-103-207 C.R.S. “Recycled Paper Content Minimums”

• 24-103-207.5 C.R.S. “Environmentally Preferable Purchasing Preference”

• EO D2010-006 “Greening of State Government: Earth Day 2010” (4/10)

IV. STATEMENT OF POLICY

This policy shall take renewed effect on July 1, 2010. This policy will be reviewed and updated consistent with State of Colorado statutes, executive orders and regulations, beginning with the following elements as a baseline:

a. Guidance for this policy is derived from the definition of

Environmentally Preferable Products (EPP) as, “…products or services that have a lesser or reduced adverse effect on human health and the environment when compared with competing products or services that serve the same purpose” (24-103-207.5, May 21, 2007).

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b. Guidelines for this policy include giving preference to products as defined by Executive Order D0012 07 as those that, “…minimize environmental impacts over the lifetime of the product…[minimally considering]…a product’s energy profile and recycled material content, toxicity, and impact on air and water resources…” (EO D0012 07, April 16, 2007).

c. Development, maintenance, and update of this policy shall be conducted by the Department of Personnel, Division of Finance and Procurement, State Purchasing Office (SPO), in coordination with the Governor’s Energy Office (GEO) and the Colorado

Department of Public Health and Environment (CDPHE).

d. In accordance with the aforementioned guidelines and authority, 24-103-207.5 CRS states: “When purchasing any product with public funds, the executive director or any purchasing agent shall be authorized to purchase products or materials with recycled content, that have been source-reduced, that are reusable, or that have been composted, unless one or more of the following conditions exist:

(i) The product is not available within a reasonable period of time;

(ii) The product fails to meet existing purchasing rules, including specifications;

(iii) The product fails to meet federal or state health or safety standards, as set forth in the code of federal regulations or the

Colorado code of regulations.

Furthermore, it is the policy of the State of Colorado to be a leader in the New Energy

Economy by:

• seeking innovative and cost effective solutions that focus purchasing considerations on reduction, reuse, and recycling; and by

• instituting practices that support the implementation of Executive Orders and

Colorado Revised Statutes for reducing solid wastes, energy consumption, and environmental impacts from products purchased by all state agencies and institutions, and encouraging the same among all political subdivisions; and by

• purchasing products that have a lesser or reduced adverse effect on human health and the environment, including those that minimize toxins, pollution, and hazards to workers, community safety, and the larger global society to the greatest extent practicable; and by

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• purchasing products that when compared with competing products serving the same purpose have reduced environmental impact and are economically feasible as allowed by statutory preference and life-cycle analysis; and by

• purchasing products wherever practicable and economically feasible that: use recycled content, are durable and long-lasting, are produced locally in Colorado or regionally -whenever possible- and, that conserve energy and water, use agricultural fibers and residues, can be reused, reduce greenhouse gas emissions, use unbleached or chlorine-free manufacturing processes, are low volatile organic compound (VOC) or toxin free, use materials from renewable or sustainably managed points of origin.

V. BENEFITS AND GOALS OF GREEN PROCUREMENT

A. Benefits

Green procurement has various benefits that facilitate sustainability and effective accomplishment of the State’s mission. Buying “green” also improves our environmental stewardship, and strengthens community relationships. Purchasing decisions can significantly influence the environmental performance of each agency, since the procurement process heavily influences the wastes and emissions that must be managed and paid for. When we buy a hazardous material, at the end of its life cycle it may become a hazardous waste that is costly to manage and dispose.

When we buy products or design buildings that are not energy efficient, we pay higher utility bills and contribute to internal and regional air pollution. Water-wasting products and systems drive up costs for water purchase and wastewater treatment – funds that could otherwise be used for essential purposes. The goal of the EPP Policy is to suggest environmentally responsible and proactive procurement practices to mitigate or avoid negative environmental impacts.

Specific benefits of practicing green procurement include but are not limited to:

• Strengthening recycling programs by increasing the demand for recycled products

• Complying with laws, regulations, and Executive Orders (EOs) that require state agencies to implement green procurement practices

• Saving money (may be in terms of product cost, the overall cost of manufacturing, or utility bills)

• Reducing air emissions, solid waste disposal rates, and associated health risks

• Providing jobs and economic opportunity

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• Providing incentives for manufacturers to use technologies that incorporate environmentally preferable attributes and/or materials into products

• Conserving natural resources used to make new products

• Preserving energy resources and protecting the ozone layer

• Providing new and expanded markets for sustainable commodities and services

• Reducing U.S. dependence on petroleum and other imports

B. Goals

The initial goal of this policy is to analyze and adopt recognized third-party national standards or certifications, and tools that help evaluate the purchase of environmentally sound products. Life cycle assessments that measure product life costs and benefits in determining purchasing preference(s) are a preferred practice if not already incorporated by recognized standard or certification.

It is an ongoing goal of this policy to discover and implement practices that promote the inclusion of environmentally-focused specification language and definitions to be used in competitive solicitations for commodities and services.

The SPO, in cooperation with GEO and cross-functional workgroups, will be a primary repository and lead partner agency in this effort. This EPP policy is designed in accordance with the State’s intent to:

• Conserve natural resources

• Minimize environmental impacts from pollution, both indoors and outdoors,

• Reduce unnecessary or excessive use of water and energy,

• Eliminate or reduce toxic or otherwise harmful substances or emissions that create hazards to workers and communities within the State of Colorado and a wider society,

• Increase opportunities for recycling markets,

• Stimulate markets for environmentally sound, competitive products,

• Promote evaluation of products for potential reuse or recyclability,

• Reduce materials that require landfill disposal, and maximize diversion of materials from the solid waste stream, Version – July 1, 2010 10

• Identify and advocate for consideration of environmentally preferable products, encouraging manufacturers and vendors to reduce environmental and human health impacts in their production, distribution, and business practices that provide services within the State of Colorado,

• Create guidance for the successful purchase of environmentally preferable products by state agencies, institutions, and other Colorado public entities.

• Provide leadership and a model for the development of environmentally preferable purchasing policies by state, higher education, and local agencies

VI. PRIORITIES

A. The health and safety of the people who live and work in Colorado is of utmost importance. Purchasing directors will ensure that purchasing policies and practices employed are especially cognizant and protective of the health of children, the elderly and other vulnerable populations.

B. Many agencies, educational institutions, and other government entities within the

State of Colorado have made significant investments in developing successful recycling programs and systems, and the State Purchasing Office recognizes that procurement of recycled content products are essential to the continuing viability of these programs and to the foundation of an environmentally sustainable purchasing program. Therefore, to the greatest extent practicable, recycled content and other environmentally-oriented considerations that provide opportunities to reduce, reuse, or recycle should be included as part of performance and/or design specifications for solicited products.

C. Nothing contained in this policy shall be construed as requiring an agency, institution, division, purchaser or contractor to procure products that:

• do not perform adequately for their intended use.

• exclude adequate competition.

• are not available at a reasonable price in a reasonable period of time.

• would be construed as requiring the State of Colorado, its agencies or institutions, purchasers or contractors to take any action which conflicts with state or federal requirements.

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VII. SPECIFIC STRATEGIES

A. Source and Waste Reduction

1. The State of Colorado prefers that all commodities purchased after the adoption of this policy be compatible with source reduction goals as referred to in this section. Buyers should consider source reduction in all product selection decisions whenever practicable.

2. The State of Colorado advocates practices that reduce waste and/or result in the purchase of fewer products whenever practicable and that those products purchased are cost-effective, without reducing safety or workplace quality.

3. The State of Colorado encourages the purchase of remanufactured products whenever practicable, but without reducing safety, quality or performance.

4. Buyers may assess the life cycle cost of commodities with the aid of third-party certifications (if one exists) to address the feasibility of substituting sustainable alternative products that offer similar performance and price while meeting environmental policy goals.

5. A life cycle assessment (LCA) can include the evaluation of total costs expected during the lifetime of a product, and/or its time of ownership.

This may include, but is not limited to, raw material extraction, acquisition, transport, energy consumption, use, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime as compared to alternative products. It is the intent of this policy to support development and use of accepted certification entities and assessment tools for determining the lifecycle cost of products.

a. Buyers may consider lifecycle cost of commodities by use and reference to specific nationally-recognized third-party certification entities maintained as a database list by the Governor’s Energy

Office (GEO), accessed through their website

(www.Colorado.gov/energy).

b. Buyers may also consider lifecycle assessment of products through the use of nationally-recognized environmental advocacy, label and standards entities. These include, but are not limited to, the organizations found in Appendix B to this policy document.

c. Products that are durable or include reusable component features are preferred whenever feasible.

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d. The State of Colorado requests that vendors eliminate unnecessary packaging or use the minimum amount necessary for product protection to the greatest extent practicable.

e. Packaging that is reusable, recyclable or compostable is preferred, when packaging is required.

f. Vendors shall be encouraged to take back and reuse shipping pallets, and to collect and re-use or recycle packaging materials whenever feasible.

g. As permissible or whenever possible, suppliers of electronic equipment, including but not limited to vendors of computers, monitors, printers, hand-held devices, and copiers shall be encouraged to take back equipment for responsible re-use or environmentally safe recycling when the State of Colorado discards or replaces such equipment..

h. Rechargeable and recyclable batteries shall be purchased and used whenever practicable.

i. All documents shall be printed or copied using both sides (duplex) to reduce the use and purchase of paper, unless otherwise required by state or federal law.

j. In accordance with 24-103-207 C.R.S., recycled paper is required for at least 50% of all paper purchased and must contain a minimum of 30% Post Consumer Waste content.

k. Per E.O D2010-006, Each agency must develop and implement a plan for paper consumption reduction by December 31, 2010. At a minimum, the plan shall include the following components:

double-sided document printing as default settings on printers and copiers; document scanning capabilities; encouragement of fewer print jobs by using on-line forms; and staff reminders to consider printing needs. Each plan shall establish methodologies to reliably measure and report paper consumption reduction achievements.

B. Reduction of Toxic Elements, Energy Consumption, Generated

Emissions, Pollution, and Waste

1. To the greatest extent possible, no product or service purchased by the

State of Colorado should contain, emit, create, or by use, application, or practice will introduce any of the following:

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• carcinogens and/or reproductive toxins, or other highly toxic ingredients that are masked by dilution.

• persistent bio-accumulative toxicants, including lead, mercury, dioxins and furans, for example,

• compounds toxic to humans or aquatic life, corrosive to the skin or eyes, or that are skin sensitizers,

• substances that contribute to the production of photochemical smog, ozone production, or that negatively impact indoor or outdoor air quality.

2. All cleaning or disinfecting products (i.e., for janitorial or automotive use) should, at a minimum, meet third party certification standards for environmental performance, whenever practical. These products shall not contain chemicals listed by the U.S. EPA Toxics Release Inventory (TRI):

(http://www.epa.gov/tri/index.htm), or the National Institute for

Occupational Safety and Health on the Registry of Toxic Effects of

Chemical Substances (RTECS): (http://www.cdc.gov/niosh/97-119.html)

Additionally, each product should rate the lowest possible levels on the

HMIS Code, as listed on the Material Safety Data Sheet.

3. All surfactants and detergents should be readily biodegradable and, where practicable, should not contain phosphates or other agents known to result in water quality degradation.

4. Buyers shall avoid the purchase of products containing persistent, bio-accumulative and toxic chemicals (PBTs), where alternatives exist. This is in accordance with the spirit and intent of the State of Colorado’s Climate

Action Plan to minimize/eliminate the use of products that contain or generate PBTs during manufacturing, including reuse or disposal of substances such as mercury, lead or dioxin. Refer also to the EPA guidelines pertaining to these elements (http://www.epa.gov/opptintr/pbt/).

5. The use of chlorofluorocarbon-containing products, including refrigerants, solvents, aerosols, foam blowing agents, fire suppression, sterilants, adhesives, coatings and inks, and other products known to contribute to the depletion of the ozone layer shall be phased out, and new products purchased shall not contain them. [The State of Colorado shall endeavor to purchase alternatives to chlorofluorocarbon-containing refrigerants and other products in accordance with the EPA Significant New Alternatives

Program (SNAP) guidelines (http://www.epa.gov/Ozone/snap/index.html).

6. Alternatives to polystyrene packaging and food service products should be considered whenever practicable, in recognition that unless polystyrene products are given specific recycling conditions, these products otherwise contribute significantly to increased waste and landfill space, and may also

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7. State agencies should avoid purchases of bottled water except in these situations: where water supply is unavailable; bottled water is needed to protect safety and health; and for use in emergencies. Individual serving sized containers of bottled water should not be utilized where water supply and reusable containers are readily available. When organizing events where water will be made available, agencies should encourage the use of refillable or reusable containers other than paper or plastic cups, which also contribute to unnecessary waste. This policy also considers refillable

5 gallon filtered water containers. Dispensing devices that do not incorporate energy-consuming refrigeration or hot water are preferred.

Delivery specifications for water bottles shall indicate that drivers may not leave vehicle engines idling. Source filtration devices are another preferred alternative when an established water supply is available but additional quality is desired.

8. For building maintenance and landscapes, the State of Colorado shall manage pest problems through prevention and physical, mechanical and biological controls wherever feasible and practicable. This includes the purchase of products identified by third-party certification entities (as referenced in sections 3.1.4.1 and 3.1.4.2) as employing the least toxic chemical pesticide(s).This will be deemed acceptable only after safer approaches or products have been determined to be ineffective.

9. Buyers of building maintenance products should purchase products containing the lowest amount of volatile organic compounds (VOCs) including low or formaldehyde-free as applicable. Buyers shall also request recycled content packaging and low environmental impact products whenever feasible. All purchased materials (such as paint, carpeting, flooring, adhesives, furniture, casework, etc.) shall be assessed for environmental impact using lifecycle analysis or third-party certification as available.

10. The State of Colorado shall strive to reduce or eliminate the use of products that contribute to the formation of dioxins, furans, or bio-accumulative chemicals. Buyers should review all relevant Environmental

Protection Agency recommendations, published standards or evaluation criteria where made available. This includes, but is not limited to:

a. Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed chlorine free or using the least amount of chlorine or chlorine derivatives whenever possible; and

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b. When considering products for consumer, industrial or institutional applications, buyers should refer to the EPA’s Design for

Environment (DfE) program for product information and standards that provide criteria for assessing products that are less harmful to people and the environment. http://www.epa.gov/dfe/index.htm

c. Buyers should specify that products do not contain polyvinyl chloride, or are not packaged using PVC film whenever feasible or practicable. This may include- but is not limited to- office binders, furniture, carpeting/flooring, building materials and supplies, and medical supplies.

11. Whenever possible, the State of Colorado should limit purchases of products and equipment that contain lead, cadmium or mercury. For products that must contain lead or mercury because no suitable alternative exists, purchasers shall give preference to those products containing the lowest quantities of these metals and/or to vendors with established lead, cadmium and mercury recovery programs.

a. When replacing electronic equipment, including but not limited to computers and printers, and where feasible and practicable as shown through lifecycle analysis and/or the use of the Electronic

Product Environmental Assessment Tool (EPEAT), the State of

Colorado shall consider those products that meet the highest

Energy Star rating and/or minimum standard of EPEAT Bronze, Silver, or gold, as published in the IEEE 1680 standard, clause 1.4, for the Environmental Assessment of Personal Computer Products.

12. When replacing vehicles, and to the extent practicable and economically feasible within statutory preferences, the State of Colorado shall acquire only the most fuel-efficient model vehicles available that are best suited to particular business applications. Agencies shall consider car-pooling programs and/or policies to minimize the number of vehicles procured. In accordance with E.O. D2010-006:

a. Each agency must strictly adhere to annual vehicle replacement plans proposed by State Fleet Management that call for purchase of low fuel consumption (high miles-per-gallon ratings), hybrid, flex- and alternatively-fueled, all-electric, and emerging technology vehicles.

b. Each agency shall develop a plan to improve the commuting options for its employees by December 31, 2010. The plans shall evaluate opportunities for: encouraging low fuel consumption or electric vehicles; making available electrical sources to recharge electric vehicles; encouraging use of mass transit or car pooling

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13. To the extent practicable and economically feasible, the State of Colorado shall use renewably-derived fuels or fuels that are cleaner and less polluting than gasoline and conventional diesel fuel, including but not limited to ethanol, bio-diesel, natural gas and electricity.

14. Buyers shall be discouraged from purchasing products containing pentachlorophenol, arsenic, or creosote, if adequate substitutes may otherwise be applied. Chemically treated wood products containing such elements (used in landscape or other construction applications) shall only be used in conjunction with products that encapsulate or mitigate the potential of contaminants leaching from the treated wood into soil or water systems.

15. Buyers shall avoid the purchase of products containing brominated flame retardants (BFRs) wherever possible. In particular, the BFRs “penta” and

“octa” will be targeted for phase-out in keeping with European Union bans and emerging U.S. and State-legislated public health initiatives.

C. Recycled Content Products

1. Buyers are required to procure at least 50% of total paper purchases utilizing 30% Post Consumer Waste content in accordance with 24-103-

207 C.R.S..

2. Buyers shall consider the purchase of all products for which the United

States Environmental Protection Agency has established minimum recycled content standard guidelines, such as those for printing paper, office paper and non-paper office products, janitorial paper, materials and equipment for construction, landscaping, parks and recreation, transportation, vehicles, and other miscellaneous products. Commodities should contain the highest post-consumer content practicable, but no less than the minimum recycled content standards established by the U.S. EPA

Guidelines.

3. Acquisition of copiers and printers shall include specifications that contain language aimed at increasing recycled or recyclable component parts and/or component replacement considerations.

4. Solicitations of recycled content papers intended for distribution shall require a pre-printed statement or imprint from suppliers disclosing the postconsumer recycled content and/or percentage of the product(s).

5. The State of Colorado shall purchase re-refined lubricating and industrial oil for use in its vehicles and other equipment whenever possible, as long

Version – July 1, 2010 17 as the re-refined products are in compliance with Engine Oil Licensing and Certification System (EOLCS) standards maintained by the American

Petroleum Institute (API), and are appropriate for use in such equipment.

http://www.api.org/certifications/engineoil/index.cfm

6. Specifications for the purchase of asphalt products, concrete, aggregate base, Portland cement or concrete applications for road construction projects shall use recycled, reclaimed or reground materials whenever practicable.

7. Specifications for the purchase of transportation products including signs, cones, parking stops, delineators, and barricades shall include recycled content wherever available, economically feasible, and/or practicable.

12. Purchasers of furniture shall consider surplus inventory sources before issuing a solicitation for new purchase, or when considering the use of various Price

Agreements.

13. In accordance with E.O. D2010-006, each agency must develop and implement a plan for recycling applicable to their agency by June 30, 2011.

The plan must include: clear goals; implementation procedures; methods to measure and assess progress; and define a process for periodic review of results by senior management so that proper system adjustments will be made.

D. Energy and Water Saving Products

1. Buyers shall consider EPA ENERGY STAR® certification as a minimum standard for all energy consuming products, when possible. When

ENERGY STAR® labels are not applicable, products shall meet or exceed

FEMP recommended levels, especially those within the upper 25% of energy and or water saving efficiency. These recommended levels shall be considered when purchasing new and replacement equipment for lighting, heating, ventilation, refrigeration and air conditioning systems, water consuming fixtures and processing equipment, and all other related components whenever practicable and feasible. Technologies such as on-demand water heaters or programmable regulating devices should be considered in system designs whenever applicable.

http://www1.eere.energy.gov/femp/procurement/eep_modellang.html

2. Where renewable forms of energy are unavailable or not practicable, natural gas shall be used in lieu of electricity or propane for space and water heating.

3. Energy buyers shall consider renewable energy resources wherever practicable and economically feasible through lifecycle analysis and allowable purchasing preferences. Renewable energy resources include

Version – July 1, 2010 18 solar power, wind power, geothermal, biomass, and hydroelectric energy, but do not include fossil fuels (coal, oil, or natural gas).

4. ENERGY STAR® power-saving features shall be considered in purchases of copiers, computers, monitors, printers and other office equipment.

When included, these features shall be enabled during initial installation, and shall remain enabled. Power-saving and other energy efficiency features should be considered when developing specifications, and when comparing relative performance aspects of products, including manufacturer’s recommended operation and maintenance instructions.

E. Green Building – New Construction, Renovations, Operations and

Maintenance

1. All capital construction projects, substantial renovations, and state-assisted facility (CRS 24-30-1301) shall follow Office of State Architect (OSA) high performance certification program (HPCP) policy and Executive

Orders D005 05, D0011 07 and D0012 07. The HPCP set the design/construction/performance target as LEED-NC Gold for any construction project greater than 5,000 square feet depending on the source of funds for both construction and long-term operations and maintenance. All construction projects not within the requirements of the

HPCP policy shall meet the requirements of Executive Orders D005 05, D0011 07, D0012 07 and shall implement all HPCP requirements as practicable and cost effective. The construction projects shall be consistent with the purchasing requirements of this policy document.

2. All buildings maintained by State of Colorado agencies and institutions shall consider energy performance contracting in accordance with

Executive Order D014 07. All State of Colorado agencies and institutions shall include the Green Building practices operation and maintenance, where appropriate, as described in the LEEDTM Rating System. All buildings shall meet the requirements of Executive Orders D005 05, D0011 07, D0012 07 and shall be consistent with the purchasing requirements of this policy document.

F. Landscaping and Xeriscaping

1. All landscape, including, but not limited to, new construction, renovations, operations and maintenance by State of Colorado agencies and institutions, including workers and contractors providing landscaping services shall employ sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but

Version – July 1, 2010 19 not limited to, storm-water control, integrated pest management, grass recycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from Colorado-generated plant debris (including harvested beetle-kill where available) and/or food and agricultural waste programs.

2. Plants should be selected to minimize waste and water use by purchasing species appropriate to the microclimate and using xeriscaping techniques for high altitude landscaping. Purchasers shall give preference to species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred.

Species designated as noxious weeds by local, state, or federal agencies should never be planted in any State landscape.

3. Buyers shall consider hard-scape and landscape structures constructed or composed of recycled materials wherever practicable. The State of

Colorado shall limit the amount of impervious surfaces in the landscape.

Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways.

4. Buyers shall, in good faith, document to file their efforts to incorporate

E.P.P. strategies contained in this policy. This applies for all purchases where sustainable products may be economically or feasibly substituted, that also meet performance and safety requirements.

G. Forest Conservation

1. To the greatest extent practicable, the State of Colorado shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, State of Colorado agencies and institutions shall give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system. The certification system shall include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification, in accordance with House Bill 08-1207, and Section 1, 24-103-207.5 of the

Colorado Revised Statutes.

2. The State of Colorado discourages the purchase of products made from virgin wood whenever products made from recycled or reclaimed wood are available, economically feasible and practicable. There are also substitute products available instead of wood which are made with other materials with less impact such as recycled content products.

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H. Agricultural Bio-Based Products

1. Fuels for vehicles and other combustion engine equipment, and/or fuels used for heating are encouraged to be sourced from recoverable organic, non-wood, plant-based materials, or contain recoverable content such as vegetable cooking oils whenever practicable.

2. The purchase of some wood sources are encouraged, such as those from

Colorado beetle-kill biomass chip products as long as the vendor is a procurement source recognized by the Governor’s Energy Office Biomass program and the resource is efficient, economically feasible and practicable.

3. Paper, paper products, and construction products made from non-wood, plant-based, agricultural crop residual fiber, or other organic fibrous materials, are encouraged whenever practicable.

VIII. IMPLEMENTATION

A. Implementation of this policy will be phased accordingly with goals set forth by applicable statutes, executive orders, rules, codes, available resources, and policy priorities.

B. The Department of Personnel, Division of Finance and Procurement, State

Purchasing Office (SPO), shall implement this EPP policy in coordination with the PAC (Purchasing Advisory Council) Executive Committee, the Governor’s

Green Coordinating Council, the Governor’s Energy Office (GEO), Colorado

Department of Public Health and Environment (CDPHE), and other appropriate jurisdictional entities or personnel.

C. Successful bidders shall certify in writing that the environmental attributes claimed in competitive bids are accurate. Vendors shall be required to specify the minimum or actual percentage of recovered and postconsumer material in their products, even when such percentages are zero.

D. The State Purchasing Office, in conjunction with the Governor’s Energy Office, and other jurisdictional personnel, shall contribute toward the development of an internet-based site for Environmentally Preferable Purchasing which shall contain:

o an Introduction to, and References for, Environmentally Preferable Purchasing o an EPP “Decision Tree” for assisting agencies in their consideration of purchasing products that reduce environmental impact, including the requirements of statutes, executive orders, and regulations o an updated list of State Price Agreements, Commodities and Major Solicitation categories where environmentally preferable products have been added

Version – July 1, 2010 21 o information on EPP ‘best practices’ o active links to EPP buying opportunities through other jurisdictions, cooperative buying, and consolidated contracting (such as WSCA/NASPO) o sample solicitation language for agency inclusion in competitive bids o a policy template for agency and political subdivision to use in the development of an EPP policy o active links to the third-party certifiers listed in section (8.0) of this policy document, and/or to the Governor’s Energy Office website for third party certifiers and lifecycle cost assessment tools o active links to environmentally friendly product lists o lists and/or announcements of available EPP workshops and training opportunities.

E. The State Purchasing Office (SPO) shall institute an ongoing procedure for assessing all State Price Agreements for the inclusion of required and/or preferential environmental purchase specifications and definitions.

F. The State Purchasing Office (SPO) shall institute an ongoing procedure for identifying and assessing BIDS Categories, Commodities and Major Solicitation groups for the inclusion of required and/or preferential environmental purchase specifications and definitions, in cooperation with cross-functional workgroups.

G. When evaluating responsiveness of prospective bidders in its procurement of goods and services, the State Purchasing Office (SPO) and delegated agencies shall develop sustainability and green purchasing language and solicitation approaches through user groups such as commodity teams and cross-functional workgroups.

H. The State Purchasing Office (SPO) shall coordinate and cooperate with the

Governor’s Office of Information Technology (OIT) for updating energy reducing and environmentally preferable standards for all electronic purchases.

I. The State Purchasing Office (SPO) shall use the expertise of cross-functional staff, users, and work groups such as commodity teams to create pilot programs, create policies, test products, collaborate with GEO on creation of an EPP website, and promote the use of third-party certifiers and life cycle assessment tools.

J. Vendors, contractors and grantees shall be encouraged to comply with applicable sections of this policy for products and services, where practicable.

K. The State Purchasing Office shall institute procedures to consider EPP standards, guides, and lists developed by other jurisdictions in order to control the cost and resource expenditures for researching, developing, and updating EPP materials.

For example, guides may include, but are not limited to, the U.S. EPA site for

Environmentally Preferable Purchasing, the Buying Green guides published by

Version – July 1, 2010 22 the European Commission of the European Union (EU-EC), models and templates published by the Responsible Purchasing Network (RPN), and the vetted product and EPP information databases of other state or Federal entities, local districts, governmental or municipal entities.

L. The State Purchasing Office and Governor’s Energy Office shall cooperatively establish goals for increasing and measuring the purchase of environmentally preferable products and those with recycled content, monitoring progress toward these goals.

M. In accordance with State law and Executive Orders, the State Purchasing Office shall consider sustainable and green purchasing practices for all new and updated procedures, practices, policies and rule making.

N. The State Purchasing Office (SPO) shall work cooperatively with other jurisdictions to encourage markets for environmentally preferable/sustainable products, to obtain favorable prices, and to reduce waste packaging and products by combining purchases/contracting for the same or similar products whenever feasible.

IX. PROGRAM EVALUATION

A. The Director of the State Purchasing Office (SPO), and/or other delegated agency personnel responsible for implementing this policy, shall periodically evaluate the success of this policy’s implementation.

B. To evaluate the success of implementing EPP practices in accordance with this policy, the GEO in cooperation with SPO shall periodically require reporting from delegated agency personnel in accordance with EO D0011-07.

C. This policy shall be reviewed annually, on or before April 22nd (Earth Day), or otherwise updated as needed to correspond with phased goals, emerging statutes, executive orders, rules, codes, and policy priorities in accordance with

Implementation section VIII (A) above.

X. INDEPENDENT THIRD-PARTY CERTIFICATION,

ENVIRONMENTAL ADVOCACY, LABEL AND

STANDARDS ENTITIES

A. Buyers shall give primary consideration to information published by recognized independent third-party certification organizations when considering environmentally acceptable product (and service) attributes.

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1. Secondary weight should be given to existing environmentally preferable product lists maintained by a state or the federal government.

2. Final regard may be given to Environmental Advocacy and Label Entities that do not certify products and services, but that offer supporting background for considering Environmentally Preferable Purchasing decisions.

B. The State Purchasing Office shall use the resources and certification capability of third-party sources in compliance with the authority contained in 24-103-207.5

C.R.S including, but not limited to, the following resources, with updated listings maintained at the SPO and/or GEO websites. The following are examples only, provided to distinguish between the types of entities:

Example 1: Recognized Third-Party Certification Entities:

a. Carpet and Rug Institute

b. Eco-logo

c. EPEAT

d. Environmental Choice

e. Forest Stewardship Council

f. Green Seal

g. U.S. EPA, Design for the Environment

Example 2: Reference to a published environmentally preferable product list maintained by federal, state, or local government:

a. State of Massachusetts

b. State of California

c. State of Washington

d. State of Vermont

e. King County, Washington

Example 3: Environmental Advocacy, Label and Standards Entities:

a. Chlorine Free Products Association

b. U.S. Environmental Protection Agency partner programs, including

ENERGY Star

c. Federal Energy Management Program

d. Global Eco-labeling Network

APPENDIX A

DEFINITIONS

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GREEN PROCURMENT DEFINITIONS

1. “Agricultural Bio-Based Products” means commercial or industrial products that utilize agricultural crops or residues (other than those used for food or feed) but does not include products made from forest-related materials.

2. “BIDS” Categories refers to the commodities and service categories listed on the

State Purchasing Office (SPO) BIDS system.

3. “Buyer” means a dedicated purchasing agent trained and authorized to purchase, conduct solicitations, or contract for purchases on behalf of the State of Colorado, its agencies, institutions, or political subdivisions. See also “Purchaser” (.25).

4. “Chlorine free” means products processed using minimal chlorine or chlorine derived processes.

5. “Contractor” or “Vendor” means any person, group of persons, business, consultant, designer, planner, architect, association, partnership, corporation, supplier, vendor or other entity that may contract with or provide products to the

State of Colorado, its agencies, institutions or subdivisions, or that serves in a subcontracting capacity with an entity having a contract with the State of

Colorado, its agencies, institutions or subdivisions for the provision of products.

6. “Cost Analysis” as it relates to EPP, means comparative pricing utilizing Life

Cycle Analysis (LCA) and/or Total Cost of Ownership (TCO). See also the definitions for these assessment types, (20 and 36).

7. “Dioxins and furans” are a group of chemical compounds that are classified as persistent, bioaccumulative, and toxic by the U.S. Environmental Protection

Agency.

8. “DfE” or “Design for the Environment” refers to a certification program by the

US EPA, working in partnership with a broad range of stakeholders, that is targeted toward reducing risk to people and the environment by preventing pollution. DfE focuses on industries that combine the potential for chemical risk reduction and improvements in energy efficiency with a strong motivation to make lasting, positive changes

9. “Economically feasible” means to decide whether or not a procurement is prudent, thrifty, effective and efficient; to source in a fiscally responsible manner; to consider the best return on investment of available funds (when considering environmental benefits), not being wasteful or extravagant.

10. “ENERGY STAR®” means the U.S. EPA’s energy efficiency product labeling program.

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11. “Energy efficient product” means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets federal standards.

12. “EPEAT”, or Electronic Products Environmental Assessment Tool, is an independent program that certifies “green” electronic equipment such as computers, monitors and laptops.

13. Environmentally Preferable Purchasing (“EPP”), means to purchase a product that has a lesser or reduced negative effect or increased positive effect on human health and the environment when compared with competing products that serve the same purpose. Incorporating EPP in the procurement process considers raw materials acquisition, production, fabrication, manufacturing, packaging, distribution, reuse, operation, maintenance, and disposal of the product. This term includes, but is not limited to, sourcing recyclable products, recycled products, and reusable products. See also “Green Purchasing” (15).

14. Federal Energy Management Program (“FEMP”) is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energy-using products.

15. The “Forest Stewardship Council” is a global nonprofit organization that identifies and certifies responsible forest management practices according to rigorous standards developed by a broad variety of stakeholder groups.

16. “Green purchasing” means the procurement of products that have a lesser or reduced negative impact or increased positive effect on human health, safety, or the environment when compared to competing products serving the same purpose.

Green Purchasing results from a set of policies and procedures and uses tools that allow an organization to make the most efficient use of materials, produce a minimum of waste and pollution, encourage reuse, and stimulate the use of post-consumer material .