BoilerPlateLanguage.pdf

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Attached to
Multiple Award Construction Contract (MACC) Federal contract opportunity
Solicitation number
FA8101-09-R-0021
Issued by
Department of the Air Force Materiel Command Air Force Sustainment Center

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Affirmative Procurement Plan Tinker Air Force Base

CONTRACTING BOILERPLATE TEXT

Construction Contract Boilerplate

A. TAFB has a requirement for the cost effective affirmative procurement of environmentally preferable products and services. Affirmative Procurement is defined as the process of purchasing environmentally preferable products, such as products manufactured from recycled and reclaimed materials. The purpose of TAFB’s Affirmative Procurement Program is to increase the purchase and use of products with the highest percentage of recovered materials practicable. The United States Environmental Protection Agency (USEPA) has designated guideline items in the Comprehensive Procurement Guideline (CPG) III for mandatory procurement. These CPG products are products that are or can be made containing recycled materials. In the CPG, the USEPA organizes these items into 8 product categories as follows:

1. Construction Products

2. Landscaping Products

3. Non-paper Office Products

4. Paper and Paper Products

5. Park and Recreation Products

6. Transportation Products

7. Vehicular Products

8. Miscellaneous Products

Note: A current detailed listing of these products and recycled content requirements can be found on USEPA’s web site at http://www.epa.gov/cpg/products.htm. Once in the web site, to view the products, click on one of the 8 categories. Within a category, click on a specific product. The following information will be provided: Recommended Recovered Materials Content levels, Product Specifications, and Product Information, which includes a list of manufacturers and suppliers. Click on the file to open and a list of potential suppliers will be provided.

B. In accordance with 40 CFR 247.2, the contractor is required to research, propose, and utilize these designated products, and any other recycled-content products available in the market place. CPG products with the minimum EPA recommended percentage of post-consumer materials and recovered materials shall be utilized, unless otherwise specified, or if one or more of the following exemptions apply:

1. Does not meet reasonable performance standards.

2. Is not available competitively (from two or more sources).

3. Is not available within a reasonable time frame.

4. Is only available at an unreasonable price i.e., recycled item costs more than non-recycled item).

The contractor shall certify that the percentage of recovered materials to be used in the performance of the contract will be at least the amount required by applicable specification or other contractual requirements, and shall also estimate the percentage of total material utilized, the Contractor shall provide written explanation and documentation as to why the

Final D-1 23 September 2003 http://www.epa.gov/cpg/products.htm products were not used. A Recovered Material Determination form shall be used to document any exemptions.

Submittals: Affirmative Procurement Materials Submittal and Certification, AF Form 3000 or the current material submittal form. The Contractor Shall provide certified copies from the manufacturer or supplier attesting that the material furnished contains or does not contain (and reason why), the minimum percent recycled-content as required by U.S. Environmental Protection Agency (EPA) Comprehensive Procurement Guide requirements as found at http://www.epa.gov/cpg/products.htm, and meets the recycled content requirements, then the Contractor shall include a Recovered Material Determination Form, Appendix A, Attachment 9, to document any exemptions.

Final D-2 23 September 2003

A&E Contract Boilerplate

A. TAFB has a requirement for the cost effective affirmative procurement of environmentally preferable products and services. Affirmative Procurement is defined as the process of purchasing environmentally preferable products, especially products manufactured from recycled and reclaimed materials. The purpose of TAFB’s Affirmative Procurement Program is to increase the purchase and use of products with the highest percentage of recovered materials practicable. The United States Environmental Protection Agency (USEPA) has designated guideline items in the Comprehensive Procurement Guideline (CPG) III for mandatory procurement. These CPG products are products that are or can be made containing recycled materials. In the CPG, the USEPA organizes these items into 8 product categories as follows:

1. Construction Products

2. Landscaping Products

3. Non-paper Office Products

4. Paper and Paper Products

5. Park and Recreation Products

6. Transportation Products

7. Vehicular Products

8. Miscellaneous Products

Note: A current detailed listing of these products and recycled content requirements can be found on USEPA’s web site at http://www.epa.gov/cpg/products.htm. Once in the web site, to view the products, click on one of the 8 categories. Within a category, click on a specific product. The following information will be provided: Recommended Recovered Materials Content levels, Product Specifications, and Product Information, which includes a list of manufacturers and suppliers. Click on the file to open and a list of potential suppliers will be provided.

B. In accordance with 40 CFR 247.2, the contractor is required to research, propose, and utilize these designated products, and any other recycled-content products available in the market place. CPG products with the minimum EPA recommended percentage of post-consumer materials and recovered materials shall be utilized, unless otherwise specified, or if one or more of the following exemptions apply:

1. Does not meet reasonable performance standards.

2. Is not available competitively (from two or more sources).

3. Is not available within a reasonable time frame.

4. Is only available at an unreasonable price (i.e., recycled item costs more than non-recycled item).

C. The contractor, during the preparation of the specifications, shall identify all of the CPG products to be used and write specific recycled-content requirements (IAW the EPA requirements) into the applicable sections of the construction requirements documents. EPA guideline items are the minimum that should be considered when evaluating recycled/reuse materials. Other materials and products not listed, but commonly used in industry outside of the government, should also be considered, and may be included in the specifications.

Final D-3 23 September 2003

Services Contract Boilerplate

A. TAFB has a requirement for the cost effective affirmative procurement of environmentally preferable products and services. Affirmative Procurement is defined as the process of purchasing environmentally preferable products, such as products manufactured from recycled and reclaimed materials. The purpose of TAFB’s Affirmative Procurement Program is to increase the purchase and use of products with the highest percentage of recovered materials practicable. The United States Environmental Protection Agency (USEPA) has designated guideline items in the Comprehensive Procurement Guideline (CPG) III for mandatory procurement. These CPG products are products that are or can be made containing recycled materials. In the CPG, the USEPA organizes these items into 8 product categories as follows:

1. Construction Products

2. Landscaping Products

3. Non-paper Office Products

4. Paper and Paper Products

5. Park and Recreation Products

6. Transportation Products

7. Vehicular Products

8. Miscellaneous Products

Note: A current detailed listing of these products and recycled content requirements can be found on USEPA’s web site at http://www.epa.gov/cpg/products.htm. Once in the web site, to view the products, click on one of the 8 categories. Within a category, click on a specific product. The following information will be provided: Recommended Recovered Materials Content levels, Product Specifications, and Product Information, which includes a list of manufacturers and suppliers. Click on the file to open and a list of potential suppliers will be provided.

B. In accordance with 40 CFR 247.2, the contractor is required to research, propose, and utilize these designated products, and any other recycled-content products available in the market place. CPG products with the minimum EPA recommended percentage of post-consumer materials and recovered materials shall be utilized, unless otherwise specified, or if one or more of the following exemptions apply:

1. Does not meet reasonable performance standards.

2. Is not available competitively (from two or more sources).

3. Is not available within a reasonable time frame.

4. Is only available at an unreasonable price i.e., recycled item costs more than non-recycled item).

C. Proposal/Quote Instructions: Contractor shall identify in their proposal/quote all anticipated EPA designated items to be procured/utilized during the performance of this work effort. If there are no identifiable CPG designated items to be procured/utilized during the course of the work effort, the contractor shall state this assertion in their proposal/quote. If there is an applicable CPG item that meets one of the above exemptions, the contractor shall identify the item and the corresponding exemption along with supporting rationale.

Final D-4 23 September 2003

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