Directive_0057_Environmental_Management_Program_25_Oct_22.pdf

Department of Veterans Affairs VA DIRECTIVE 0057 Washington, DC 20420 Transmittal Sheet October 25, 2022

VA ENVIRONMENTAL MANAGEMENT PROGRAM

1. REASON FOR ISSUE. To update the Department of Veterans Affairs (VA) Environmental Management Program policy.

2. SUMMARY OF CONTENTS/MAJOR CHANGES. This revised directive:

a. Consolidates content from six VA directives and five VA handbooks listed below into one document and rescinds duplicate policies and procedures.

b. Updates the policies, responsibilities and other content to reflect current Federal mandates.

c. Adds electronics stewardship-related responsibilities in Section 3.b.(11) and electronics stewardship procedures in Appendix D.

3. RESPONSIBLE OFFICE. Office of Management (004), Office of Asset Enterprise Management (044).

4. RELATED DIRECTIVES/HANDBOOKS: None.

5. RESCISSIONS: VA Directive 0057, VA Environmental Management Program, dated January 15, 2010; VA Directive and Handbook 0058, VA Green Purchasing Program, dated July 19, 2013; VA Directive and Handbook 0059, VA Chemicals Management and Pollution Prevention, dated May 25, 2012; VA Directive and Handbook 0062, Environmental Compliance Management, dated January 10, 2012;

VA Directive and Handbook 0063, Waste Prevention and Recycling Program, dated October 17, 2011; VA Directive and Handbook 0064, VA Environmental Management Systems, dated January 10, 2012.

CERTIFIED BY:

/s/ Guy T. Kiyokawa Assistant Secretary for Enterprise Integration

BY DIRECTION OF THE SECRETARY

OF VETERANS AFFAIRS:

/s/ Jon J. Rychalski Assistant Secretary for Management and Chief Financial Officer

DISTRIBUTION: Electronic Only

VA Directive 0057 October 25, 2022

VA ENVIRONMENTAL MANAGEMENT PROGRAM

TABLE OF CONTENTS

1. PURPOSE. 3

2. POLICY. 3

3. RESPONSIBILITIES. 5

4. DEFINITIONS. 18

5. REFERENCES. 24

APPENDIX A — GREEN PURCHASING PROCEDURES 27

APPENDIX B — SAMPLE JUSTIFICATION FORMS FOR EXEMPTIONS 33

APPENDIX C — CHEMICALS MANAGEMENT AND POLLUTION PREVENTION

PROCEDURES 35

APPENDIX D — ELECTRONICS STEWARDSHIP PROCEDURES 38

APPENDIX E — ENVIRONMENTAL COMPLIANCE PROCEDURES 40

APPENDIX F — WASTE PREVENTION AND RECYCLING PROCEDURES 43

APPENDIX G — ENVIRONMENTAL MANAGEMENT SYSTEMS (EMS)

PROCEDURES 48

APPENDIX H — IMPLEMENTING EMSs AT APPROPRIATE ORGANIZATIONAL

LEVELS 51

VA ENVIRONMENTAL MANAGEMENT PROGRAM

1. PURPOSE.

a. This directive updates VA environmental management policies to comply with Federal mandates and achieve VA’s environmental management goals. It provides direction to the Department in the development and implementation of each organization’s specific environmental programs. In this directive, “environmental programs” includes: green purchasing, chemicals management and pollution prevention, electronics stewardship, environmental compliance, waste prevention and recycling and environmental management systems.

Policies for the management of energy and water, fleet and sustainable buildings are covered in separate directives.

b. This directive applies to the Department and its facilities and operations, including those located in leased space.

2. POLICY.

a. General. VA policy is to fulfill its mission to serve Veterans in a sustainable manner. VA must conduct business in a way that protects human health and the environment; is technically, economically and fiscally sound; and ensures continual improvement. Environmental considerations and accountability are fundamental and integral components of policies and guidance, planning, operations and management processes across all VA missions, activities and functions. The responsibility for a successful environmental program lies with every VA employee and also with VA contractors in accordance with the Federal Acquisition Regulation (FAR). Therefore, one objective of this directive is to ensure every VA employee is aware of their role in the success of this effort.

b. Green Purchasing. (See also Appendices A and B – Green Purchasing Procedures and Sample Justification Forms for Exemptions, respectively.)

(1) VA policy is to procure environmentally preferable or sustainable products and services. This policy applies to all types of acquisitions and procurements (e.g., micro-purchases paid for by purchase cards and other contract actions). Before a decision is made to purchase a product or service, all efforts should be made to buy only what is needed and reuse products and materials to the maximum extent practicable. In this directive, the term “green purchasing” is used synonymously with “environmentally preferable purchasing” and “sustainable acquisition/procurement.”

(2) VA policy is to advance sustainable acquisition by ensuring that at least 95 percent of new contract actions (including task and delivery orders) for products and services (including construction) are energy efficient (ENERGY STAR or Federal Energy Management Program (FEMP)-designated), water efficient, biobased, environmentally preferable (e.g., Electronic Product Environmental Assessment Tool (EPEAT)-registered or non-toxic or less toxic alternatives), non-ozone depleting or made with recovered materials (i.e., contain recycled content), where such products and services meet agency performance requirements. The required products in contract actions for services include products that are:

delivered to the Government during performance; acquired by the contractor for use in performing services at a Federally-controlled facility;

or furnished by the contractor for use by the Government.

(3) VA policy is to procure construction materials and other products and services with lower embodied emissions, in accordance with Federal Buy Clean policy in applicable Executive Orders (EOs), which at the time of this directive’s publication is EO 14057, "Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability.”

(4) Green Purchasing Program (GPP). The green purchasing-related content in this directive constitutes the VA GPP. VA policy is to implement the VA GPP and consider developing and implementing supplemental Administration or Staff Office GPP procedures. VA and supplemental GPPs must incorporate and be consistent with all Federal green purchasing mandates and other requirements and include:

(a) Procurement preferences for environmentally preferable and Federally-mandated green products and services;

(b) Monitoring and reporting of compliance with GPP requirements;

(c) Developing corrective actions for instances of noncompliance with GPP requirements; and

(d) Establishing and conducting green purchasing training programs.

c. Chemicals Management and Pollution Prevention. (See also Appendix C – Chemicals Management and Pollution Prevention Procedures.) VA policy is to reduce or eliminate the quantity of toxic and hazardous chemicals and materials acquired, generated, used and/or disposed, to the extent possible.

d. Electronics Stewardship. (See also Appendix D – Electronics Stewardship Procedures.) In managing the Department’s electronic assets, VA policy is to acquire electronic products that are EPEAT-registered, ENERGY STAR, FEMP-designated, FEMP low-standby power products and meet other emerging energy efficiency and sustainable acquisition requirements, as applicable;

enable the ENERGY STAR and other power management features on agency computers, monitors and other electronic equipment (as appropriate per VA’s healthcare mission); establish and implement policies to extend the useful life of its electronic equipment, to the maximum extent practicable; and use environmentally sound practices with respect to the disposition of electronic equipment that has reached the end of its useful life (e.g., by reusing equipment https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/08/executive-order-on-catalyzing-clean-energy-industries-and-jobs-through-federal-sustainability/ or using recyclers certified to the Responsible Recyclers (R2) or e-Stewards standards).

e. Environmental Compliance. (See also Appendix E – Environmental Compliance Procedures.) VA policy is to meet or exceed the requirements of all applicable Presidential EOs and Federal, state and local environmental laws and regulations. (A partial list of key Federal mandates can be found in Section 5 below.)

f. Waste Prevention and Recycling. (See also Appendix F – Waste Prevention and Recycling Procedures.) VA policy is to reduce, reuse and recycle materials and waste and to maintain life-cycle cost-effective waste prevention and recycling programs to the maximum extent practicable. In accordance with applicable EOs, which at the time of this directive’s publication is EO 14057, VA policy is to divert at least 50 percent of nonhazardous solid waste (including food and compostable material) and construction and demolition waste and debris by fiscal year 2025 and 75 percent by fiscal year 2030.

g. Environmental Management Systems (EMSs). (See also Appendices G and H

– Environmental Management Systems (EMS) Procedures and Implementing EMSs at Appropriate Organizational Levels, respectively.) VA policy is to implement EMSs at appropriate facilities and appropriate organizational levels as the primary management approach for addressing environmental compliance and the environmental aspects of VA’s operations and activities, including the environmental aspects of energy and transportation functions. An EMS may be an organizational EMS, a multi-site EMS or a facility EMS.

h. Reporting Requirements. VA policy is to ensure that all Federal and internal reporting requirements are met, including data calls and other information requests from the Office of Asset Enterprise Management (OAEM) that provide information needed for Department-level consolidated reports relative to the content of this directive.

3. RESPONSIBILITIES.

a. Assistant Secretary, Office of Management (OM) and Chief Financial Officer, in addition to the responsibilities in Section 3.b below, shall establish and oversee implementation of Department-wide environmental policy and request funds to facilitate Department-wide implementation of environmental policy (including salary dollars for Administration and Staff Office environmental staff).

b. Under Secretaries, Assistant Secretaries and Other Key Officials, shall:

(1) Comply with applicable environmental requirements (i.e., legislation, regulations, EOs and other Federal, state and local mandates and VA directives and policies).

(2) Establish the overall policy and guidelines to implement environmental programs within their management areas, consistent with this directive.

(3) Implement environmental programs that comply with this directive (including procedures in the appendices); evaluate them to identify and correct program issues; and ensure staff are trained on environmental mandates, programs and the environmental compliance aspects of their jobs and report any observed environmental noncompliance issues to their supervisors. Program evaluations, whether comprehensive or targeted on individual aspects of environmental programs, are recommended every 1-3 years, with the frequency scaled to the level and nature of program issues identified.

(4) Consider including measures for successful implementation of environmental programs in performance standards and evaluations of senior officials in the Administrations and Staff Offices, other Key Officials and other appropriate personnel.

(5) Request funds (including, salary dollars for environmental staff) to ensure compliance with all applicable environmental requirements.

(6) Implement and maintain EMSs at appropriate facilities and organizational levels. (See also Section 4.b. and Appendices G and H – Environmental Management Systems (EMS) Procedures and Implementing EMSs at Appropriate Organizational Levels, respectively.)

(7) Provide staffing to comply with applicable environmental requirements and implement the policies and goals of this directive, including, :

(a) A full-time environmental manager at each Veterans Integrated Service Network (VISN) and each Veterans Health Administration (VHA) medical center/health care system;

(b) A full-time environmental manager at each Veterans Benefits Administration (VBA) Area Office or equivalent support provided through a contract/cross servicing agreement;

(c) A full-time environmental manager for each National Cemetery Administration (NCA) District or equivalent support provided through a contract/cross servicing agreement;

(d) A full-time procurement analyst in the Office of Acquisition and Logistics to develop and maintain Department-level green purchasing policy, guidance, training and outreach; and

(e) A full-time or collateral-duty Recycling Coordinator at each VHA medical center/health care system, VBA Area Office and NCA District.

(8) Ensure their acquisition, construction and logistics staff incorporate environmental policies (e.g., green purchasing, waste diversion and related tracking and reporting, etc.) into applicable contract actions, specifications and training.

(9) Green Purchasing. (See also Appendices A and B -- Green Purchasing Procedures and Sample Justification Forms For Exemptions, respectively.)

(a) Ensure their organizations implement and perform periodic management reviews of the VA GPP and any supplemental Administration or Staff Office GPPs per Section 2.b.(4) above;

(b) Consider including measures for successful implementation of VA and any supplemental GPPs in performance standards and performance evaluations of senior Administration and Staff Office officials and other appropriate personnel;

(c) Request funds in Administration and Staff Office budgets to ensure compliance with all applicable green purchasing laws, regulations and EOs. For example, funds could be used for training and outreach efforts, program evaluations that monitor compliance and corrective actions;

(d) Provide staffing and resources to implement the green purchasing goals of this directive and support the efforts of any VA environmental working groups;

(e) Incorporate green purchasing into Administration and Staff Office EMSs;

(f) Develop, implement and maintain a green purchasing training and awareness program, as appropriate;

(g) Update and maintain specifications to incorporate Federal green purchasing mandates and remove any language prohibiting or otherwise precluding the use of sustainable products and services;

(h) Ensure that contracting, procurement and logistics staff and procurement request originators incorporate all applicable green purchasing requirements into their contracts and other procurement activities. Procurement request originators may include purchase card holders, acquisition personnel, technical requirements or specification writers, program/project managers or Contracting Officer Representatives (CORs);

(i) Ensure that Contracting Officers (COs) and other acquisition/ procurement staff:

i. Review all procurement requests (e.g., statements of work, performance work statements) with procurement request originators to ascertain whether green products or services are or should be involved in the procurement action;

ii. Provide guidance to procurement request originators and facilitate acquisition planning with respect to green products and services;

iii. Incorporate appropriate green purchasing requirements language and FAR provisions and clauses into contracts;

iv. Gather, sort and report procurement data for management evaluation of green purchasing performance, when such data is maintained in the Federal Procurement Data System – Next Generation, the VA Electronic Contract Management System and/or other databases operated by procurement organizations;

v. Ensure all contract actions (from requirements development through award, administration and close-out) meet relevant green purchasing requirements and procedures in the FAR, the VA Acquisition Regulation (VAAR), the VA Acquisition Manual (VAAM) and this directive;

vi. Maintain required documents in the contract file, including recovered materials estimates, certifications and written justifications for exemptions from purchasing U.S.

Environmental Protection Agency (EPA)-designated recycled content, U.S. Department of Agriculture (USDA)-designated biobased and energy efficient products;

vii. Comply with the procedures for monitoring and annually reviewing the effectiveness of the GPP; and

viii. Take green purchasing training, as required. (See Section 3 of Appendix A for educational resources.)

(j) Ensure that procurement request originators, as applicable:

i. Determine whether existing VA contracts and/or category management contract vehicles on the General Services Administration (GSA) Acquisition Gateway have required green purchasing attributes and will satisfy the VA’s procurement requirements;

ii. Include a written justification with the procurement request package and in the contract file for exemptions from purchasing EPA-designated recycled content, USDA-designated biobased and energy efficient products and follow other appropriate VA, Administration and Staff Office procedures for documenting exemptions to green purchasing requirements, such as those in Section 2.e. of Appendix A;

iii. Ensure that purchase requests and statements of work address all relevant green purchasing requirements prior to submitting them to the contracting office, the approving official or the source of supply;

iv. Consult with environmental and contracting specialists to improve and enhance procurement plans and prepare statements of work or specifications that incorporate relevant green purchasing requirements;

v. Consider potential life-cycle cost savings of green alternatives compared to non-green options for use in acquisition and procurement decisions;

vi. Provide oversight of contract execution to ensure that green purchasing requirements are provided or delivered in accordance with the terms of the contract; and

vii. Take green purchasing training, as required.

(10) Chemicals Management and Pollution Prevention. (See also Appendix C – Chemicals Management and Pollution Prevention Procedures.)

(a) Eliminate the procurement of Class I and Class II ozone-depleting substances (ODSs), except to maintain existing mission-critical equipment;

(b) Comply with all provisions of the Emergency Planning and Community Right-to-Know Act (40 Code of Federal Regulations (C.F.R.) 355, 370 and 372) (following legally applicable, relevant and appropriate Federal, state and local regulations related to hazardous chemicals/materials, to include risk management plans). This would include maintaining an inventory and submitting required Toxic Release Inventory and Tier 1 and Tier 2 reports to the appropriate local emergency planning committees (LEPCs) and Federal and state authorities;

(c) Incorporate pollution prevention and waste minimization into all phases of equipment and chemicals/materials acquisition, operations, maintenance, support and disposal over the system or chemicals/materials life-cycle;

(d) Establish and execute cost-effective pollution prevention programs to reduce the volume of hazardous and toxic chemicals/materials through their procurement programs, including applying improved procurement practices and inventory control to prevent regulated hazardous waste generation through material spoilage, shelf-life expiration or improper inventory control;

(e) Ensure employees are trained in the proper use, handling and storage of hazardous and toxic chemicals/materials and have ready access to Safety Data Sheets for appropriate chemicals; and

(f) Ensure staff who purchase, use, handle or dispose of hazardous chemicals are familiar with their Administration’s or Staff Office’s chemicals management and pollution prevention policies and participate in chemicals management and pollution prevention tasks and training as directed by heads of the Administrations and Staff Offices, as appropriate.

(11) Electronics Stewardship. (See also Appendix D – Electronics Stewardship Procedures.)

(a) Provide policy, guidance and oversight regarding implementation of Federal, state, local, VA and this directive’s electronics stewardship requirements within their Administration or Staff Office;

(b) Ensure staff and contractors who purchase, use, manage or dispose of VA’s electronics are aware of and comply with Federal, state, local, VA and this directive’s electronics stewardship requirements and implement Federal guidance such as that in GSA Bulletin FMR B-34 Disposal of Federal Electronic Assets;

(c) Ensure electronic products purchased and used by their Administration or Staff Office are EPEAT-registered, ENERGY STAR, FEMP-designated, FEMP low-standby power products and meet other energy efficiency and sustainable acquisition requirements as applicable;

(d) Ensure power management is implemented on all VA electronic assets to the maximum extent practicable, as appropriate per VA’s healthcare mission;

(e) Ensure all imaging equipment (e.g., printers, copiers) has duplex (double-sided) printing enabled and set as the default when operated;

and

(f) Provide staffing and resources to implement Federal, state, local, VA and this directive’s electronics stewardship requirements and support the efforts of any VA electronics stewardship working groups.

(12) Environmental Compliance. (See also Appendix E – Environmental Compliance Procedures.)

(a) Plan, program and budget with the goals of monitoring, achieving and maintaining compliance with applicable environmental requirements, as well as reporting environmental compliance matters within VA;

(b) Inform the Executive Director of Office of Asset Enterprise Management (OAEM) of the status of their organization’s environmental compliance programs if requested or otherwise required. Requested status reports may include a summary of audit reports, significant findings, multi-year trend analyses and a summary of regulatory findings and enforcement actions with comparisons to previous years;

(c) Notify the Executive Director of OAEM of any environmental issues that have attracted or may attract national public interest;

(d) Notify the Office of General Counsel (OGC) of any:

i. Enforcement actions and take appropriate action to resolve the problem(s);

ii. Correspondence from Federal, state or local agencies or litigants, that potentially exposes any Administration level, facility or personnel of VA to environmental-related litigation.

Provide copies of all related correspondence, including, but not limited to, criminal indictment or information, enforcement action; EPA notice of potential liability; request for information letter issued under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA); notice of intent to sue; summons; complaint; or any similar correspondence; and

iii. Environmental occurrences, such as a criminal environmental enforcement action, a major oil and/or chemical emergency or spill, a major noncompliance with environmental statutes with potential for assessed fines and/or penalties or major noncompliance that may attract regional or national public interest;

(e) Ensure third-party environmental compliance audits are conducted and recorded for their organizations every 3-5 years and that such audits identify compliance gaps and root causes of noncompliance.

Organizations should assess their facilities’ relative noncompliance risk when determining audit frequency;

(f) Ensure all enforcement actions are addressed and closed with the responsible regulatory agencies as soon as it is practical, considering the severity of the violation and the nature of the remedy;

(g) Ensure that all identified noncompliance issues (i.e., from general knowledge or internal audits) will be corrected or have a corrective action plan in place as soon as practical; and

(h) Ensure that asset managers and staff involved in real property disposition (including, but not limited to, purchase, demolition, modification, significant maintenance and renovation) review each action for potential environmental compliance implications including, but not limited to, the following:

i. The National Environmental Policy Act;

ii. The potential for and possible extent of environmental contamination;

iii. Potential requirements for environmental permitting;

iv. Potential construction and demolition waste issues;

v. Sustainable acquisition requirements per Federal Acquisition Regulation and Veterans Affairs Acquisition Regulation; and

vi. Any other potentially applicable environmental requirements.

(13) Waste Prevention and Recycling. (See also Appendix F – Waste Prevention and Recycling Procedures.)

(a) Ensure their organizations meet the waste diversion goals set forth in applicable EOs, which at the time of this directive’s publication is EO 14057 and as otherwise identified in Section 2.f. of this directive, to the maximum extent practicable given any VA healthcare mission constraints;

(b) Conduct oversight activities to ensure their facilities and other component organizations have effective waste prevention and recycling programs;

(c) Ensure qualified staff are available to support management in implementing waste prevention and recycling policies; and

(d) Provide all personnel (including contracting officer technical representatives) with guidance and training on waste prevention and recycling.

(14) Environmental Management Systems (EMS). (See also Appendices G and H – Environmental Management Systems (EMS) Procedures and Implementing EMSs at Appropriate Organizational Levels, respectively.)

(a) Provide policy, guidance and oversight regarding the development and implementation of EMS(s) within their Administration or Staff Office;

(b) Ensure that organizational/multi-site/facility-level EMSs are developed and implemented at appropriate facilities within their respective Administration or Staff Office to reflect the EMS elements and framework found in the International Standard Organization (ISO) 14001:2015 standard. (The VHA Green Environmental Management System (GEMS) Guidebook provides information on the ISO standard.);

(c) Inform suppliers and contractors of relevant features of the Administration’s or Staff Office’s EMSs; and

(d) Perform an annual management review of the Administration’s or Staff Office’s EMS(s).

c. Assistant Secretary, Office of Information and Technology and Chief Information Officer, in addition to the responsibilities in Section 3.b. above, shall:

(1) Ensure VA information technology (IT) policy and operations comply with applicable Federal, state, local, VA and this directive’s electronics stewardship requirements;

(2) Develop and implement policies to ensure that:

(a) Electronic products purchased and used by VA are EPEAT-registered, ENERGY STAR, FEMP-designated, FEMP low-standby power products and meet other energy efficiency and sustainable acquisition requirements as applicable;

http://vaww.hefp.va.gov/guidebooks/green-environmental-management-system-gems-guidebook http://vaww.hefp.va.gov/guidebooks/green-environmental-management-system-gems-guidebook

(b) Power management is implemented on all VA electronic assets to the maximum extent practicable, as appropriate per VA’s healthcare mission;

(c) All imaging equipment has duplex (double-sided) printing and copying capabilities, is duplex-enabled when delivered to VA and is operated with duplex printing and copying as the default setting;

(d) The useful life of all VA electronic assets is extended to the maximum extent practicable; and

(e) All VA electronic assets will be managed according to Federal and VA requirements and guidance, such as GSA Bulletin FMR B-34 Disposal of Federal Electronic Assets;

(3) Develop procedures to track electronic products purchased and used by VA that are EPEAT-registered, ENERGY STAR, FEMP-designated, FEMP low standby power products, have duplex printing capabilities, are operated with duplexing enabled and are implementing power management; and respond to information requests from OAEM as needed;

(4) Provide one or more technical representatives to serve on the interagency IT Sustainability Working Group and/or VA groups established to support Federal electronics stewardship goals. OAEM Executive Director has discretion over VA representation on these groups;

(5) Ensure that IT managers, cyber security managers and other relevant personnel are aware and implement the goals of this directive, as well as applicable environmental and energy laws, regulations and EOs; and

(6) Provide progress reports to the OAEM Executive Director on electronics stewardship metrics and related information required in OMB Scorecards, sustainability plans and other mandated reports annually (or as otherwise requested by the OAEM Executive Director).

d. Principal Executive Director, Office of Acquisition, Logistics and Construction (OALC) and Chief Acquisition Officer (CAO), in addition to the responsibilities in Section 3.b. above, shall:

(1) Develop, maintain and evaluate the performance of the VA GPP, to include all Federal green purchasing mandates and requirements, with input and collaboration from the Executive Director of OAEM, the Senior Procurement Executive and all Heads of Contracting Activity;

(2) Ensure compliance with all green purchasing policies and procedures contained in the FAR and other Federal green purchasing mandates;

(3) Establish and track an annual target for the number of VA contracts to be awarded with biobased criteria and dollar value of biobased products to be delivered and reported under those contracts in the following fiscal year. In establishing targets and to the extent feasible, consider the dollar value of biobased products purchased in previous years, the specifications reviewed and revised for inclusion of biobased products and the number of applicable product and service contracts to be awarded, including, but not limited to, construction, operations and maintenance, food services, vehicle maintenance and janitorial services. (Per Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), agencies must include biobased criteria in procurements when purchasing products or purchasing services that include the use of products, that are included in a biobased product category designated by USDA. As required by Section 9002 of the Agricultural Act of 2014, agencies must establish a targeted biobased-only procurement requirement under which the agency must issue a certain number of biobased-only contracts when it is purchasing products or purchasing services that include the use of products, that are included in a biobased product category designated by USDA.);

(4) Ensure all VA COs remind contractors of the requirement at FAR 52.223- 2(c)(1) and (2) to report the purchase of USDA-designated biobased and BioPreferred® products by product types and dollar value, using the System for Award Management (SAM) and to provide the CO with a copy of the reporting data;

(5) Ensure that all contractors accomplish the reporting requirement by October 31 of each year during contract performance and at the end of contract performance, for biobased and BioPreferred® products purchased by the contractor under service and construction contracts during the previous Government fiscal year (between October 1 and September 30);

(6) Ensure all acquisition staff complete the Federal Procurement Data System (FPDS) data element 8L - “Recovered Materials/Sustainability.” This field is mandatory and must be completed whether or not a contract has biobased or other sustainability requirements. In the drop-down menu for 8L, there are five options that include the word “biobased.” In the case where a contract includes the FAR 52.223-2 clause, the CO should select the appropriate biobased-related option. In order for a contract action to be pulled from FPDS into SAM and become available to a vendor for biobased reporting, the CO must: 1) properly code the action in 8L as having included biobased product requirements, 2) include the FAR clause for biobased product certification (FAR 52.223-1) and 3) include the FAR clause for reporting by construction and services contractors (FAR 52.223- 2). As such, the CO must fill out 8L correctly by selecting one of the five biobased options in the drop-down menu;

https://www.govinfo.gov/content/pkg/PLAW-107publ171/pdf/PLAW-107publ171.pdf https://www.govinfo.gov/content/pkg/PLAW-107publ171/pdf/PLAW-107publ171.pdf http://www.sam.gov/

(7) Update VA’s acquisition policy, guidance and instructions (to include, but not limited to, the VAAR and the VAAM) with the latest environmental FAR amendments and other Federal green purchasing requirements;

(8) Develop and implement procedures for conducting management reviews, internal control reviews and other monitoring activities;

(9) Develop and implement procedures for identifying and correcting program compliance weaknesses through appropriate means;

(10) Identify training needs and develop or provide access to training programs to ensure that Administration and Staff Office procurement and acquisition personnel are aware of the goals of this directive;

(11) Provide assistance to OAEM, including, but not limited to, developing VA-level responses to acquisition-related questions in reports requested by the White House Council on Environmental Quality (CEQ), the Office of Management and Budget (OMB) and other applicable entities; and, at the OAEM Executive Director’s discretion, provide one or more technical representatives to serve on the interagency Sustainable Acquisition and Materials Management (SAMM) Working Group and other relevant interagency groups established to support Federal sustainable acquisition and waste management goals;

(12) Ensure that COs include required green purchasing FAR and VAAR provisions, clauses and preferences in contracts and technical evaluations they prepare; and

(13) Provide electronic green purchasing tracking methods or enhanced purchasing software to allow for coding green purchases.

e. The General Counsel, in addition to the responsibilities in Section 3.b. above, shall review environmental compliance-related reports, responses and other communications for legal sufficiency as appropriate or required; and provide counsel and advice on environmental compliance matters.

f. Executive Director, OAEM, OM and VA’s Chief Sustainability Officer (CSO), shall:

(1) Establish policy and guidance to help VA implement and continually improve environmental programs and ensure Department-wide compliance with environmental policies and procedures, as well as oversee the VA Environmental Management Program;

(2) Monitor VA environmental performance and report progress as required to the Chair of CEQ, Federal Chief Sustainability Officer, Director of OMB, Administrator of EPA and other applicable entities;

(3) Represent VA at meetings of agency CSOs convened by OMB, CEQ and other applicable entities;

(4) Coordinate with senior agency leaders, such as the Chief Information Officer (CIO), Chief Financial Officer (CFO) and Chief Acquisition Officer (CAO), as necessary, on budget and personnel resource needs and for effective implementation of environmental programs; and

(5) As needed, establish cross-functional, Department-wide VA environmental management working groups, with appropriate representatives necessary to expeditiously meet the goals and requirements of the environmental programs, including collaboration with other agencies.

g. Executive Director, Financial Services Center, OM shall:

(1) Identify training needs to ensure that purchase card coordinators, purchase card holders and approving officials are aware of the goals of this directive and of their responsibility to comply with the Federal green purchasing requirements. (Purchase card coordinators, purchase card holders and approving officials must take mandatory VA Purchase Card Training and refresher training every two years. For additional information on purchase cards, refer to VA’s Financial Policy, Volume XVI, Charge Card Programs.

Purchase Card training requirements are outlined in Chapter 1A, Appendix A. Policy related to green purchasing is referenced in Chapter 1B, Section 010501 D., on page 8.); and

(2) Develop or provide access to training programs or other educational information to meet those training needs, for example, through VA’s Talent Management System (TMS) or external resources.

h. Deputy Assistant Secretary, Finance, OM shall ensure updates to the purchase card and other relevant chapters in VA’s Financial Policy reference current Federal green purchasing, recycling revenues and other environmental requirements.

i. Executive Director, Office of Construction and Facilities Management (OCFM), OALC shall:

(1) Ensure all master construction specifications include applicable Federal requirements for purchasing sustainable products, including, but not limited to, those for energy efficient, EPA-designated recycled content and USDA-designated biobased products and chemicals identified as acceptable alternatives by EPA’s Significant New Alternatives Policy (SNAP) program, to the extent available products meet agency needs. This includes removing any language that may unnecessarily prohibit or preclude, the purchase or use of Federally-mandated sustainable products;

https://www.va.gov/finance/policy/pubs/volumeXVI.asp

(2) Within two years of the issuance of this directive, complete a full review of all master construction specifications for compliance with the requirements shown in 3.i.(1) above;

(3) Adjust internal policies and procedures to ensure new and revised master construction specifications incorporate the requirements referenced in 3.i.(1) above;

(4) Monitor Federal sustainable product purchasing requirements for additions, changes or deletions. Ensure specifications incorporate the new and/or updated requirements within one year after publication of the new and/or updated requirements;

(5) Provide National Environmental Policy Act (NEPA) implementation support when requested from VHA, NCA and VBA;

(6) Ensure the agency coordination and completion of all environmental compliance and documentation associated with major construction and applicable real property actions; and

(7) Provide reports to OAEM, as requested.

4. DEFINITIONS.

a. Acquisition. The FAR defines acquisition as the acquiring by contract with appropriated funds of 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.

b. Appropriate Facility or Organization. Any Federal facility or organization that is subject to compliance with environmental regulation or conducts activities that can have a significant impact on the environment, either directly or indirectly, individually or cumulatively, due to the operations of that facility’s or organization’s mission, processes or functions.

c. Biobased Product. As defined by the Farm Security and Rural Investment Act of 2002, “biobased product” means a product determined by USDA to be a commercial or industrial product (other than food, feed or fuel) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials; or an intermediate ingredient or feedstock. Biobased Products are derived from raw materials such as plants and other renewable agricultural, marine and forestry materials.

d. BioPreferred. The USDA BioPreferred program includes a preferred procurement program for Federal agencies and their contractors. Under the procurement program, BioPreferred designates categories of biobased products that are required for purchase by Federal agencies and their contractors. As a part of this process, the minimum biobased content is specified.

e. Buy Clean. As defined in EO 14057, ‘‘Buy Clean’’ means a policy to promote purchase of construction materials with lower embodied emissions, taking into account the life-cycle emissions associated with the production of those materials.

f. Category Management. GSA describes category management as an approach the Federal Government is applying to buy smarter and more like a single enterprise. The goals of government-wide category management are to deliver more savings, value and efficiency for Federal agencies; eliminate unnecessary contract redundancies; and meet the government’s small business goals.

g. Certification. Written documentation provided by offerors/bidders/vendors certifying that the percentage of recovered materials contained in products or to be used in the performance of the contract is at least the amount required by applicable specifications or other contractual requirements. Certification on multicomponent or multi-material products should verify the percentage of post-consumer waste and recycled material and/or biobased material contained in the major components of the product.

h. Closed Enforcement Action. An enforcement action that has been resolved by one of the following: Revocation of the action by the regulating authority;

Closure of the action following written notice from the regulating authority that the action is closed or resolved; Closure of the action, after a reasonable time span, following written notice from the regulating authority of their intent to close the enforcement action; or Receipt of a signed compliance agreement order.

i. Contract Action. FAR 23.101 defines “contract action” as any oral or written action that results in the purchase, rent or lease of supplies or equipment, services or construction using appropriated dollars, including purchases below the micro-purchase threshold. Contract action does not include grants, cooperative agreements, other transactions, real property leases, requisitions from Federal stock, training authorizations or other non-FAR based transactions.

j. Diversion. Redirecting materials from disposal in landfills or incinerators to recycling or recovery, excluding disposition in waste-to-energy facilities.

k. Embodied Emissions. As defined in EO 14057, ‘‘embodied emissions’’ means the quantity of emissions, accounting for all stages of production including upstream processing and extraction of fuels and feedstocks, emitted to the atmosphere due to the production of a product per unit of such product.

l. Energy Efficient Product. Refers to a product defined by the FAR as meeting Department of Energy and EPA criteria for use of the Energy Star trademark label; or is in the upper 25 percent of energy efficiency for all similar products as designated by FEMP.

m. Enforcement Action. An enforcement action is a formal written notification, issued by the EPA or other authorized Federal, state or local environmental regulatory authority, of violation of any applicable statutory or regulatory requirement. Enforcement action does not include warning letters, informal notices of deficiencies or notices of deficiencies to permit applications. All infractions of a separate statutory or regulatory requirement constitute a separate enforcement action, even if addressed in a single notice. Items found to be out of compliance during an internal audit are not included in this definition of enforcement action.

n. Environmental Aspects. Elements of Administration or Staff Office facility activities, products or services that interact or may interact, with the environment.

o. Environmental Impact. Any change (complete or partial) to the environment, whether adverse or beneficial, resulting from an Administration’s or Staff Office’s functional mission or activities.

p. Environmental Management System. A set of processes and practices that enable an organization to increase its operating efficiency, continually improve overall environmental performance and better manage and reduce its environmental impacts, including those environmental aspects related to energy and transportation functions. EMS implementation reflects accepted quality management principles based on the “Plan, Do, Check, Act,” model found in the ISO 14001:2015 International Standard and using a standard process to identify and prioritize current activities, establish goals, implement plans to meet the goals, evaluate progress and make improvements to ensure continual improvement.

q. Environmentally Preferable. Refers to products or services defined by FAR

2.101 as having 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.

r. EPA-designated Item. A product that is or can be made with recovered material, is listed by EPA in its procurement guidelines and for which EPA has provided purchasing recommendations in a Recovered Materials Advisory Notice.

s. Facility. Any building, installation, structure, land or real property that is owned or operated by or constructed or manufactured and leased to, an Administration or Staff Office, as well as any fixtures. This term includes a group of facilities at a single or multiple location(s) managed as an integrated operation, as well as government-owned contractor-operated facilities.

t. Green Purchasing Program (GPP). An acquisition program that implements sustainable acquisition requirements and assures the purchase of environmentally preferable products and services in accordance with Federally mandated “green” purchasing preference programs to the maximum extent possible.

u. Hazardous Chemicals/Materials. For the purposes of this directive, a hazardous or regulated chemical or material is: any chemical or material defined as hazardous in 29 C.F.R. 1910 or 1926; any item or chemical which is reportable or potentially reportable as inventoried under the requirements of the hazardous chemical reporting (i.e., 40 C.F.R. 355, 370 and or 372); and any item or chemical regulated by the Department of Transportation Uniform Safety Act (49 C.F.R. 100-185) as amended which, when being transported or moved on public roads, is a risk to public health or safety or an environmental hazard.

v. Life-cycle Cost. The sum of the present values of capital costs, installation costs, operating costs, maintenance costs and disposal costs over the lifetime of the project, product or measure.

w. Life-cycle Cost-effective. The life-cycle costs of a product, project or measure are estimated to be equal to or less than the base case (i.e., current or standard practice or product).

x. Minimum Content Standard. As defined by the U.S. Department of Defense, the minimum recycled content or biobased content set in specifications, standards, contract scopes of work or other documents specifying the government’s minimum needs. Minimum content standards are based on the recycled content levels recommended by the EPA or the minimum biobased content levels recommended by the USDA and are set to ensure that the recycled content or biobased content required is the maximum available without jeopardizing the item’s intended use or violating the limitations of the minimum content standards set forth by EPA and USDA procurement guidelines.

y. Open Enforcement Action. An enforcement action for which a formal, written notice has been issued but is not yet closed by one of the resolutions described under the definition of closed enforcement action.

z. Ozone-Depleting Substance (ODS). An ODS is any substance designated as a Class I or Class II substance by the EPA in 40 C.F.R. 82, as authorized by 42 U.S.C. 7671(a). Class I ODSs include, but are not limited to, chlorofluorocarbons, halons, carbon tetrachloride and methyl chloroform; and Class II ODSs include certain hydrochlorofluorocarbons.

aa. Performance Specification. A specification stating a product’s desired operation, function or design, but not specifying its materials.

bb. Pollution Prevention. Refers to “source reduction” as defined in the Pollution Prevention Act of 1990, 42 United States Code (U.S.C.) 13102 and other practices that reduce or eliminate the creation of pollutants through increased efficiency in the use of raw materials, energy, water or other resources; or the protection of natural resources by conservation.

cc. Power Management. As described on EnergyStar.gov, power management features automatically place computers, monitors and other electronic equipment into a low-power "sleep mode" after a period of inactivity, in order to save energy.

dd. Practicable. As defined in 40 C.F.R. 247.3, “practicable” means capable of being used consistent with: Performance in accordance with applicable specifications, availability at a reasonable price, availability within a reasonable period of time and maintenance of a satisfactory level of competition.

ee. Procurement Guidelines. Regulations issued by the EPA pursuant to Section 6002 of RCRA and USDA pursuant to Section 9002 of FSRIA which: (1) identify items produced (or can be produced) with recovered materials or biobased materials, respectively and where procurement of such items will advance the objectives of RCRA or FSRIA; and (2) provide recommended practices for the procurement of such items.

ff. Procurement Request Originators. The individuals or organizations responsible for defining the requirements for a purchase. This term includes, but is not limited to, engineers, acquisition personnel, program and project managers, purchase card holders, technical requirements or specification writers/reviewers and CORs.

gg. Recovered Material. As defined by RCRA, the term “recovered…