Sustainable_Provision_Amendment_00001.pdf

L.5200.223.001 NOTICE TO QUOTERS/OFFERORS ON SUSTAINABLE

ACQUISITION REQUIREMENTS (JUNE 2017)

a. Policy. The policy of the Transportation Security Administration is that orders and contracts for supplies and services must meet all applicable required federal sustainable acquisition categories, and that contractors shall make good faith efforts to achieve optional federal sustainable acquisition goals.

b. Background. A number of products and services that federal agencies acquire under contracts are required to meet federal sustainable acquisition requirements. For instance, common products may be designated respectively by the U.S. Department of Agriculture or the Environmental Protection Agency for specific bio-based or recovered material content. These requirements apply both when the products are intended for delivery to the government as well as when the contractor acquires such products for use in performance under a government contract. Energy-using products and services are required to meet standards for energy efficiency. Water-consuming products and processes are required to meet water efficiency standards. Ozone depleting substances and volatile organic compounds are designated for replacement by less harmful substances. Greenhouse gas emission reductions are likewise intended. And, whenever developing technologies hold promise for further innovations and resource-usage reductions, it is likely that specific requirements for sustainable acquisition under federal contracts will follow from them. As well, a number of specific reporting requirements related to sustainable acquisition apply to contractors from specified contract clauses.

c. References.

(1) Federal Acquisition Regulation (FAR) Part 23” Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace”

(2) Executive Order 13693, “Planning for Federal Sustainability in the Next Decade” of March 19, 2015

d. Requirement Determination. The Contracting Officer has determined that the product or service required for this order/contract is as follows, with the associated compliance requirements for sustainable acquisition:

Requirement Government agencies are required to purchase of products containing recovered materials. Products shall contain at least 25% Total Recovered Materials Content (Steel).

The Quoter Shall Ensure: compliant delivery when the contract contains either the associated clauses or specified requirements. Products shall be composed of the highest percentage of recovered materials practicable (but not less than the stated minimums) for delivery. Quoters shall indicate the minimum Steel Total Recovered Materials Content in their quote.

e. Quoter/Offeror Certification Requirements. Per the identified product or service requirement noted in paragraph (d) above, the quoter/offeror shall ensure that FAR 52.223-1 “Bio-based Product Certification” and/or FAR 52.223-4 “Recovered Material Certification” and/or FAR 52.223-9 “Estimate of Percentage of Recovered Material Content for EPA-Designated Items” are appropriately affirmed and/or annotated and then submitted to the government as required.

Likewise, these certifications shall be identified and disclosed in the proposal, since the

Contracting Officer is otherwise required to ensure that appropriate reporting occurs in the Federal Procurement Data System—Next Generation for each contract award.

f. Past Performance Ratings per FAR 42.15. The Government may consider any contractor failure to abide by the terms of this notice and apply such to any past performance rating that may otherwise be issued for this specific contract per FAR 42.15.

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