DLAM_4112.pdf

Defense Logistics Agency

MANUAL

DLAM 4112

April 2, 2014

DS

SUBJECT: DLA Green Procurement Program

References: See Enclosure 1

1. PURPOSE. This Manual:

a. In accordance with mandated federal procurement preferences, provides guidance for implementing and maintaining effective programs for buying green (sustainable) products and services for recovered-material content, biobased, energy efficient, and water conserving products; alternative fuels and alternative fueled vehicles; renewable energy; hazardous and toxic chemical alternatives; and environmentally preferable purchasing.

b. Specifies procedures by which DLA Headquarters (HQ), DLA Primary Level Field

Activities (PLFAs), and subordinate DLA Field Activities execute their sustainable purchasing program.

c. Is published under the authority of the DoD Green Procurement Program (GPP) Strategy

(Reference (a)), DoD Instruction 4715.4 (Reference (b)), and DLA Instruction 4112 (Reference (c)).

d. Comply with DLAI 4112, Pollution Prevention and Green Procurement.

e. Cancels and incorporates interim guidance from the DLA Green Procurement Plan, issued

December 2012 (Reference d).

2. APPLICABILITY. This Manual applies to all DLA Activities, not only for the procurement function, but also for the roles and responsibilities of each member of DLA, as well as DLA contractors as applicable through the contracting process.

3. RESPONSIBILITIES. See Enclosure 2

4. PROCEDURES. See Enclosure 3

5. INFORMATION COLLECTION REQUIREMENTS. This section is Not Applicable. While related program information is collected periodically, this is primarily driven by memorandum or tasker from the Department of Defense, and there is no numbered reporting form in accordance with DoDI 5025.01.

6. INTERNAL CONTROLS. See Enclosure 3, Appendix B: Goals and Reporting

7. RELEASABILITY. UNLIMITED. This Manual is approved for public release and is available on the Internet from the DLA Issuances Website.

8. EFFECTIVE DATE. This Manual is effective on April 2, 2014.

DAVID RODRIGUEZ

Director DLA Installation Support

Enclosures

1. References

2. Responsibilities

3. Green Procurement Program Procedures

Glossary

3 CONTENTS

TABLE OF CONTENTS

ENCLOSURE 1: REFERENCES

APPENDIX: KEY REFERENCE SUMMARIES

ENCLOSURE 2: RESPONSIBILITIES

DIRECTOR, DLA INSTALLATION SUPPORT (DS-D)

DIRECTOR, DLA ACQUISITION MANAGEMENT (J7)

DIRECTOR, DLA LOGISTICS OPERATIONS (J3)

DIRECTOR, DLA INFORMATION OPERATIONS (J6)

DIRECTORS, DLA HEADQUARTERS J/D CODES AND D STAFF

COMMANDERS/DIRECTORS, PRIMARY LEVEL FIELD ACTIVITIES

AND DLA MANAGED HOST SITES

PROCUREMENT REQUEST ORIGINATORS AND SPECIFICATION

PREPARING ACTIVITIES

CONTRACTING OFFICIALS AND PURCHASE CARD BILLING

OFFICIALS

ENVIRONMENTAL COORDINATORS AND MANAGEMENT

REPRESENTATIVES

SUPPLY CHAIN MANAGERS

GPP MANAGERS

CONTRACTORS

ENCLOSURE 3: GREEN PROCUREMENT PROGRAM PROCEDURES

GREEN PROCUREMENT PROGRAM ELEMENTS

SUSTAINABLE PRODUCTS AND SERVICES

PREFERENCE PROGRAM

PROMOTION AND TRAINING PROGRAM

ANNUAL REVIEW AND MONITORING PROGRAM

VENDOR ESTIMATION, CERTIFICATION AND

VERIFICATION

APPENDIX A: FEDERAL SUPPLY SOURCES AND ACQUISITION

PLANNING

APPENDIX B: GOALS AND REPORTING

APPENDIX C: IDENTIFICATION OF SUSTAINABLE (GREEN)

PRODUCTS

GLOSSARY

PART I. ABBREVIATIONS AND ACRONYMS

PART II. DEFINITIONS

4 CONTENTS

TABLES

1. Federal Preference Recovered-Material Content Product Categories

2. Federal Preference BioPreferred Product Categories

3. Federal Preference Energy Efficient Product Categories

4. Sustainable Acquisition/Green Procurement Training Resources

FIGURE

1. Model Green Procurement Field Activity Commitment Memo

2. Written Waiver Exemption Justification Template

3. Green Procurement Program Information Resources

5 ENCLOSURE 1

ENCLOSURE 1

REFERENCES*

(a) DoD Green Procurement Program (GPP) Strategy, originally issued August 27, 2004, and updated November 2008

(b) DoDI 4715.4, Pollution Prevention, June 18, 1996 (administrative reissuance July 6, 1998)

(c) DLAI 4112, Pollution Prevention and Green Procurement, September 15, 2009

(d) Defense Logistics Agency Green Procurement Plan, December 2012 (Cancelled)

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

(f) 42 U.S.C. § 6962, Federal Procurement, Oct. 21, 1976 (part of “The Solid Waste Disposal Act (42 U.S.C. 6901–6992);” also known as the Resource Conservation and Recovery Act of 1976 after the short title of the law that amended the Solid Waste Disposal Act in its entirety in 1976 (P.L. 94–580), Section 6002, Section (i))

(g) 7 U.S.C. § 8102, Biobased Markets Program, Jun 18, 2008 (Section 9002 of Public Law 110-246, Food, Conservation and Energy Act of 2008 (Commonly known as the “Farm Bill of 2008”)

(h) 42 U.S.C. § 13212, Minimum Federal Fleet Requirement, Oct. 24, 1992 (Public Law 102- 486,Title III, Section 303); 42 U.S.C. § 8259b, Federal Procurement of Energy Efficient Products, August 8, 2005 (Public Law 109-58, Section 104) and 42 U.S.C. § 6374(a)(3)(E), “Use of Alternative Fuels by Dual Fueled Vehicles,” August 8, 2005 (Public Law 109-58, Section 701) (commonly known as EPActs 1992 and 2005)

(i) DLAI 4101, Environmental Awards, September 15, 2009

(j) DLAI 4102, Environmental Compliance, January 28, 2010

(k) DoDI 4715.6, Environmental Compliance, April 24, 1996

(l) Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation

Management, issued January 24, 2007

(m) Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic

Performance, issued October 5, 2009

(n) Presidential Memorandum, Federal Fleet Performance, May 24, 2011

(o) DoD Strategic Sustainability Performance Plan (SSPP), (updated annually); and DLA Plan for Implementing the DoD SSPP, March 31, 2011 (updated annually)

(p) Office of the Under Secretary of Defense (Installations and Environment), the Department of Defense Executive Order 13423: Agency-Level Toxic and Hazardous Chemicals Reduction Plan, February 1, 2008

*A summation of the key provisions of these references—less DoDIs and DLAIs--as they relate to sustainable acquisition is provided in the Enclosure 1 Appendix.

6 APPENDIX TO ENCLOSURE 1

APPENDIX TO ENCLOSURE 1

KEY REFERENCE SUMMARIES

1. DoD GPP STRATEGY. Reference (a) mandates that all activities will update their green procurement strategies to meet the framework and content of the DoD GPP. The stated goal of green procurement is to ensure compliance with the federal green purchasing requirements and make it a daily part of the purchasing activity operation. Rather than focusing on any specific federal procurement preference program, the DoD GPP defines the management framework, which all DoD organizations will use to ensure compliance with green purchasing requirements.

2. RCRA. In Section 6002(i) of RCRA, Congress acknowledges the importance of recycling in managing the nation’s solid waste. Congress further recognizes that recycling does not end with the collection of materials, but also includes the manufacture of recycled content products that can be purchased and used by consumers. In Section 6002, EPA is required to designate items that are or can be made with recovered materials and to recommend practices for buying these products through Comprehensive Procurement Guidelines (CPGs). Refer to Table 1 for a list of designated items. Additional information can be found at EPA’s CPG website www.epa.gov/cpg.

3. FAR. Part 23 of the FAR prescribes acquisition policy and procedures in support of the government’s program for protecting and improving the quality of the environment and fostering markets for sustainable technologies, materials, products and services. Part 23 also references solicitation provisions, while FAR Part 52.223 references the contract clauses relating to sustainability. Additional acquisition guidance is provided at Defense Federal Acquisition Regulation Supplement (DFARS), Part 223, Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workforce; related clauses in DFARS 252.223; and DLA Directive (formerly DLAD 4105.1) Part 23, Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug- Free Workforce.

4. FARM BILL. Section 9002 in the 2008 Farm Bill establishes a biobased markets program.

This law requires federal agencies to purchase USDA-designated biobased products. It further requires federal agencies to develop a procurement program, develop procurement specifications, procure biobased products and give preference to those items that are composed of the highest percentage of biobased content practicable. USDA is responsible for designating product categories for mandatory procurement preference and is accomplishing this through a series of rulemaking actions. Refer to Table 2 for a list of current biobased products which meet or exceed minimum USDA-established biobased content levels under the “BioPreferred” program.

http://www.epa.gov/cpg

7 APPENDIX TO ENCLOSURE 1

5. ENERGY POLICY ACTS (EPActs)

a. EPAct 1992. The goal of the EPAct 1992 is to enhance our nation’s energy security. To meet this goal, the Act requires the acquisition and use of alternative fueled vehicles. It mandates that 75 percent of light duty vehicles acquired in a fiscal year by federal agencies be alternative fueled vehicles.

b. The EPAct 2005

(1) Section 701 requires federal agencies to use alternative fuels in dual-fuel vehicles unless the Secretary of Energy determines an agency qualifies for a waiver.

(2) Subparagraph 104(b)(1) addresses Federal Procurement of Energy Efficient Products and requires federal agencies to procure only energy-consuming products listed by ENERGY STAR or designated by the Department of Energy’s (DOE’s) Federal Energy Management Program (FEMP) when purchasing covered products, subject to certain exceptions (see Table 3 for the recent list of covered products).

(3) Subparagraph 104(b) requires that these conforming (energy-efficient) products be

“clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration (GSA) or DLA” and states “GSA or DLA shall supply only ENERGY STAR products or FEMP designated products for all product categories covered by the ENERGY STAR programs or the FEMP,” subject to exceptions.

c. Pursuant to Subparagraph 104(a)(5), “Product” does not include any energy-consuming products and systems procured for combat or combat-related mission.

6. Executive Order 13423. This Executive Order (EO) revokes EOs 13101, EO 13123, EO 13134, EO 13148 and EO 13149 and incorporates guidance from them into EO 13423. The EO reiterates the long-standing RCRA requirements for agencies to purchase recovered content materials. It also directs agencies to develop and implement green procurement programs and to identify and purchase environmentally preferable products and services.

7. EO 13514. This EO expands energy reduction and environmental performance requirements of EO 13423. It establishes sustainability goals for federal agencies and focuses on improving their environmental, energy and economic performance. It requires federal agencies to ensure that 95 percent of new contract actions, including task and delivery orders, for products and services (with the exception of weapons systems acquisition) are energy-efficient, water-efficient, biobased, environmentally preferable, non-ozone depleting, contain recycled content, or are non-toxic or less-toxic alternatives, where such products and services meet agency performance requirements. The EO also requires federal agencies to set a greenhouse gas emissions target for the year 2020 ; increase energy efficiency; reduce fleet petroleum consumption; conserve water; reduce waste; support sustainable communities; and leverage federal purchasing power to promote environmentally-responsive products and technologies. It

8 APPENDIX TO ENCLOSURE 1

also requires each agency to develop, implement, and annually update an integrated Strategic Sustainability Performance Plan that will prioritize Agency actions based on lifecycle return on investment.

8. PRESIDENTIAL MEMORANDUM. Presidential memorandum provides direction to reduce use of petroleum in the Federal fleet.

9. DoD SSPP AND DLA PLAN FOR IMPLEMENTING THE DoD SSPP

a. The DoD vision of sustainability is to maintain the ability of DoD to operate in the future without decline – either in the mission or the natural and manufactured systems that support it.

The SSPP recognizes that smart investments can improve sustainability to include energy efficiency, management and renewal; water use efficiency, reduced use of toxic and hazardous chemicals, and solid waste management.

b. The DLA SSPP implementation includes eight sustainability goals including the Sub-

Goal: “95 percent of Procurement Conducted Sustainably.”

9 APPENDIX TO ENCLOSURE 1

Table 1. Federal Preference Recovered-Material Content Product Categories*

Construction Products* Building insulation products Carpet ( polyester) Carpet cushion Cement and concrete containing:

• Coal fly ash

• Ground granulated blast furnace slag

• Cenospheres

• Silica fume

Consolidated and reprocessed latex paint Floor tiles Flowable fill Laminated paperboard Modular threshold ramps Nonpressure pipe Patio blocks Railroad grade crossing surfaces Roofing materials Shower and restroom dividers/partitions Structural fiberboard

Landscaping Products Compost and fertilizer made from recovered organic materials Garden and soaker hoses Hydraulic mulch Lawn and garden edging Plastic lumber landscaping timers and posts

Transportation Products Channelizers Delineators Flexible delineators Parking stops Traffic barricades Traffic cones

Paper and Paper Products Commercial/industrial sanitary tissue products Miscellaneous papers Newsprint Paperboard and packaging products Printing and writing papers

Miscellaneous Products Awards and plaques Bike racks Blasting grit Industrial drums Manual-grade strapping Mats Pallets Signage Sorbents

Nonpaper Office Products Binders, clipboards, file folders, clip portfolios, and presentation folders Office furniture Office recycling containers Office waste receptacles Plastic desktop accessories Plastic envelopes Printer ribbons Toner cartridges

Vehicular Products Engine coolants Rebuilt vehicular parts Re-refined lubricating oils Retread tires

Park and Recreation Products Park benches and picnic tables Plastic fencing Playground equipment Playground surfaces Running tracks

* Items listed in this table are designated. One item that is currently proposed, but not designated, is “nylon carpet and nylon carpet backing” under the “Construction Products” category.

10 APPENDIX TO ENCLOSURE 1

Table 2. Federal Preference BioPreferred Product

Categories

11 APPENDIX TO ENCLOSURE 1

Table 3. Federal Preference Energy Efficient Product Categories

12 ENCLOSURE 2

ENCLOSURE 2

RESPONSIBILITIES

1. DIRECTOR, DLA INSTALLATION SUPPORT (DS-D). The DS-D, under the authority, direction and control of the Director, DLA, will establish a Green Procurement Program and delegate program responsibilities to the Staff Director of the Installation Support Environmental Management, who will:

a. Provide guidance and environmental assistance to DLA Activities in carrying out responsibilities in this Manual.

b. Maintain this Manual.

c. Evaluate Field Activity programs for compliance with sustainable products policy and regulations during reviews and audits (Reference (c)).

d. Organize and chair the Joint Group on Environmental Attributes (JG-EnvAtt), consisting of members of the Military Services and the General Services Administration who identify environmentally preferable attributes and codes for sustainable (green) products within DLA information systems (Reference (c)).

e. Co-chair an internal DLA support group to the JG-EnvAtt to facilitate identification of sustainable products within DLA information systems.

f. Coordinate JG-EnvAtt activities with Federal agencies of program interest (e.g., EPA, USDA).

2. DIRECTOR, DLA ACQUISITION (J7). The J7, under the authority, direction and control of the Director, DLA, will provide acquisition support to the Green Procurement Program and delegate program responsibilities to the Staff Director of the Acquisition Policy and Systems Division, who will:

a. Provide acquisition and contracting guidance to DLA Activities in carrying out

b. Evaluate green procurement program acquisition to include compliance with Executive

Order and FAR requirements.

c. Participate as acquisition advisor to the JG-EnvAtt and the internal DLA support group.

13 ENCLOSURE 2

3. DIRECTOR, DLA LOGISTICS OPERATIONS (J3). The J3, under the authority, direction and control of the Director, DLA, will provide logistics guidance to the Green Procurement Program and delegate program responsibilities to the Staff Director of the Technical and Quality Service Division, who will:

a. Provide logistics guidance and support to DLA Supply Chains in carrying out

b. Participate in the JG-EnvAtt as the DLA Voting Member.

c. Co-chair (as technical and logistics advisor) the DLA JG-EnvAtt support group.

4. DIRECTOR, DLA INFORMATION OPERATIONS (J6). The J6, under the authority, direction and control of the Director, DLA, will delegate to the Director of the DLA Logistics Information Service, authority to provide support in the designation of sustainable products in the Federal Logistics Information System and DoD EMALL.

5. DIRECTORS, DLA HEADQUARTERS J/D CODES AND D STAFF. The Heads of J/D Codes and D Staff (i.e., DLA Intelligence) will support environmentally responsible procurement, sustainable acquisition practices, and comply with applicable regulations, executive orders, etc. (refer to Enclosures 1 and 3) within their respective organizations. As required for Primary Level Field Activities, development of individual GPP plans (refer to Section 6 below) is also required for the following J Code field activities: DLA Document Service, DLA Logistics Information Service, and DLA Strategic Materials.

6. COMMANDERS/DIRECTORS, PRIMARY LEVEL FIELD ACTIVITIES (PLFAs) AND DLA-MANAGED SITES. The PLFA and DLA-managed site commanders and directors will:

a. Comply with environmentally responsible procurement and sustainable acquisition practices, including research of current purchases to identify whether they are environmentally responsible.

b. Designate a GPP manager.

c. Issue a policy on Green Procurement to demonstrate commitment and provide direction

(see Figure 1 for a Model Green Procurement Field Activity Commitment Memo).

d. Designate an activity Green Procurement Team to include personnel representing contracting (development and administration), environmental, logistics (purchase request originators), government purchase card Level 4 organization program coordinators, and any others deemed appropriate locally, such as other acquisition personnel for commodity management activities. The Green Procurement Team will supplement the DLA GPP with a

14 ENCLOSURE 2

plan that will address local objectives, responsibilities (including training and promotion, exemption processes, and procedures for maintaining continuity of the plan.

e. Sign and support the GPP plan.

f. Ensure appropriate personnel are accountable for the GPP through inclusion of green procurement responsibilities in job descriptions and performance standards.

g. Establish and update installation-level objectives and targets for green procurement.

h. Routinely evaluate performance of subordinate units relative to their green procurement objectives and targets.

i. Implement local recognition mechanisms and recommend personnel and projects for higher approval level awards.

j. Attend GPP training, as required.

7. PROCUREMENT REQUEST ORIGINATORS AND SPECIFICATION PREPARING

ACTIVITIES (SPAs)

a. DLA procurement request originators are responsible for defining product specifications using the recommended minimum content standards when procuring EPA-designated recovered content items from outside vendors not on a GSA schedule or when a GSA schedule is not used.

b. The procurement request originator must provide the contracting officer with information necessary to prepare a Recovered Materials Determination (see FAR 23.406 (Reference (e))) for each deliverable containing an EPA-designated item).

c. Procurement request originators and SPAs are responsible for reviewing and revising requirements documents, specifications, standards, and product descriptions during the acquisition planning stage to increase procurement of sustainable products, including research of current purchases to identify whether they are environmentally responsible.

d. SPAs may consider the following revisions to requirements documents to make them more environmentally responsible:

(1) Express preference for recovered/recycled material, biobased, water-conserving, and energy efficient products, to the maximum extent practicable.

(2) Allow for purchase of products with recovered material.

(3) Eliminate requirements for virgin materials.

15 ENCLOSURE 2

(4) Revise performance standards which exclude items with recovered material or biobased content.

(5) Revise performance standards having more stringent requirements than necessary to meet agency needs.

e. Whenever a requirements document is revised to allow for a green product, additional types, grades, or classes should be added for the green product. In addition, assignment of new National Stock Numbers to green products is required to preclude mixing green stock with the non-preferred product.

f. For many DLA purchases that are not for internal use, the Military Services usually fill the roles of procurement request originators rather than DLA. Therefore, both the Services and DLA are involved in Specification Preparing Activities. When DLA acts as a product fulfillment agency for the Military Services, only the Specification Preparing Activities can revise a specification or standard, although this may involve collaboration with or initiatives by DLA personnel aware of barriers to preferences for environmentally responsible products.

8. CONTRACTING AND PURCHASE CARD BILLING OFFICIALS. Contracting officials and purchase card billing officials are key players in the Commander’s Green Procurement Team.

a. Contracting managers/supervisors are responsible for:

(1) Ensuring that procurement personnel complete prescribed initial green procurement training and periodically audit their personnel to make sure they are complying with regulations.

(2) Encouraging purchase card holders to take green procurement training, along with initial purchase card training available through DAU prior to issuing cards (see enclosure 3, section 3, Promotion and Training Program, for information regarding available green procurement training).

(3) Documenting their employees’ green procurement training completion status (the

DLA Learning Management System or other tools may be used).

(4) Gathering, sorting, and reporting of procurement data for the purpose of management evaluation of green procurement performance.

(5) Complying with procedures for monitoring and annually reviewing the effectiveness of the PLFA’s implementation of the DLA GPP.

b. Contracting Officers and Contract Specialists are responsible for:

(1) Reviewing all procurement requests to ascertain and validate that green products and services are incorporated into the solicitations for contracts, as required and appropriate.

16 ENCLOSURE 2

(2) Providing guidance to procurement request originators and facilitating acquisition planning with respect to green products and services.

(3) Incorporating appropriate green procurement language and FAR/DFARS/DLAD provisions in solicitations and clauses in contracts, consistent with the needs of the customer.

(4) Ensuring that all contract actions from development through award, execution and close-out meet FAR requirements for purchases of green products, including micro-purchases.

(5) Maintaining required documents in the contract file to include estimates, certifications, and written justifications for exceptions regarding green products.

(6) Completing the Individual Contracting Action Reports in Federal Procurement Data

System (FPDS) (see FAR Part 4.6, DFARS Part 204.6, DLAD 4.6 and respective Procedures, Guidance and Information (PGI)).

(7) Reporting contract information on environmental parameters in and tracking compliance using FPDS data.

(8) Including environmental considerations (e.g., reuse, recycling, waste reduction, and green purchasing) as a selection criterion, where applicable and appropriate.

(9) Encouraging manufacturers to generate responsible stewardship programs that allow for the return of excess unused materials, used items, containers, and packaging.

c. Purchase Card Billing Officials are responsible for:

(1) Reviewing purchase requests to determine whether green products have been considered or requested.

(2) Ensuring that mandatory GPP requirements are being met.

(3) Determining whether there is appropriate justification based on price, performance, or availability for not meeting the purchasing requirements of the “Buy Recycled” or “BioPreferred” program.

(4) Attending GPP training, as required.

9. ENVIRONMENTAL COORDINATORS AND MANAGEMENT REPRESENTATIVES

a. Environmental Coordinators, together with the acquisition team or integrated requirements team, are responsible for implementing training and promotion programs for their activities. As part of a training and promotion program, Environmental Coordinators advise

17 ENCLOSURE 2

procurement request originators and contracting officers on green procurement compliance strategies. These include:

(1) Providing procurement request originators and contracting officers with current federal requirements and listings or categories of green products and services (see Tables 1, 2, and 3).

(2) Providing procurement request originators with information and tools supporting non-mandatory GPP initiatives, such as the web links for EPA’s Design for the Environment program, green product catalogs from both GSA and DLA.

(3) Providing green procurement consultation support to all personnel and organizations involved in the purchasing process, including personnel and organizations that define requirements, write specifications, order, purchase, or contract for products or services.

(4) Providing recommendations to management involved in the purchasing process on the preparation, implementation, and monitoring of the GPP.

(5) Implementing an awareness program to promote green procurement, to include recognition or awards.

(6) Supporting and monitoring the organization’s or installation’s achievement of green procurement objectives and targets within the EMS.

(7) Attending GPP training, as required.

(8) Monitoring and reviewing annually the activity’s GPP together with the acquisition or integrated requirements team.

(9) Participating as a key player in the activity’s Green Procurement Team.

b. Environmental Management Representatives, who are the coordinators of the

Environmental Management System (EMS) at DLA PLFAs, may include environmentally responsible procurement as an objective in their EMS to help meet green procurement goals.

This objective would apply at those locations where DLA procures products or services which may have environmentally responsible alternatives. For additional information on EMS, refer to Reference (a), pp. 6-9, or the following websites: http://www.denix.osd.mil/ems and http://www.fedcenter.gov/programs/ems/.

10. SUPPLY CHAIN MANAGERS. When DLA manages an item, the Supply Chain Managers will assist customers in fulfilling their environmental obligations while meeting their supply needs by ensuring that:

a. As an established federal supply source, the DLA inventory includes all green products in their commodity areas for which procurement preferences have been mandated.

http://www.epa.gov/cpg http://www.epa.gov/cpg http://www.denix.osd.mil/ems http://www.fedcenter.gov/programs/ems/

18 ENCLOSURE 2

b. Appropriate information related to these products is provided for communication to customers, using systems such as the Federal Logistics Information System (FLIS) and Enterprise Business System (EBS).

c. Opportunities to identify other environmental alternative products for addition to the inventory (beyond the mandated items) are pursued to offer customers several green product options.

d. Supply Chain Managers will establish responsibilities and procedures for executing these functions. This could include designating an individual focal point or several coordinators, establishing a separate green product council, supplementing an existing team or some other locally appropriate mechanism. Note that collaboration with the SPAs may be required to ensure that green products are included in the inventory and to include appropriate specification preparation as described previously in this enclosure.

11. GPP MANAGERS. Installation or organization GPP Managers designated by the Commanders/Directors/Administrators are responsible to:

a. Serve as technical point of contact for installation/organization personnel regarding green procurement requirements and implementation.

b. Organize and participate in installation or organizational meetings/forums addressing green procurement and its implementation.

c. Initiate and develop the PLFA GPP by identifying opportunities for the procurement of green products and services, providing information on green products to installation purchasing activities, and helping develop the PLFA green procurement policy and supplement plan.

d. Document and promote the initiatives and accomplishments of the GPP and disseminate lessons learned to HQ DLA and other Field Activities as appropriate.

e. Monitor the progress of meeting GPP objectives and targets with the environmental coordinator and other members of the Green Procurement Team members, as applicable.

f. Investigate and recommend training sources and maintain records of green procurement training of requirements generators, procurement personnel, and government purchase card holders.

g. Recommend changes in policies or procedures to improve the GPP when necessary.

h. Periodically review written justifications for the purchase of noncompliant products to determine their installation-wide consistency and validity.

i. Establish procedures to collect GPP data to support reporting requirements.

19 ENCLOSURE 2

j. Review and update the PLFA GPP every three years or sooner if regulations or requirements change, new products are designated, or operational changes affect procurement.

k. Attend GPP training, as required.

l. Maintain cost-effective pollution prevention and recycling programs in their facilities, in collaboration with acquisition, supply and disposal specialists. This is in support of objectives in Reference (a) “to reduce the amount of solid waste generated.” (See Enclosure 3, Appendix B, for additional information regarding goals.)

12. CONTRACTORS. DLA’s contracting process ensures that contractor responsibilities are addressed as follows:

a. DLA contractors who procure products regulated by EPA, USDA and DOE are required to be aware of and comply with the Federal Acquisition Regulation, Reference (e), and other applicable sustainability requirements contained in the solicitation and resultant contracts.

b. DLA contractors are required through statements of work to use printed or copied double-sided on paper containing at least 30 percent postconsumer fiber paper whenever practicable when not using electronic commerce methods.

c. DLA contractors who operate DLA-owned facilities or vehicles are required through statements of work in their contract to comply with the provisions of this document to the same extent as the DLA activity would be required to comply as if it operated the facilities or vehicles.

20 ENCLOSURE 2

Figure 1. Model Green Procurement Field Activity Commitment Memo (Draft Template)

MEMORANDUM FOR DLA FIELD ACTIVITY ORGANIZATION EMPLOYEES

SUBJECT: Green Procurement Program Commitment Statement

Conservation of energy and material resources are national policies embodied in Federal law. Strategies to support the conservation policy include incorporating environmental factors in purchasing decisions.

Within the Federal government, several laws and executive orders direct agencies to buy recovered-material content, energy efficient, and biobased products – a practice known as green procurement.

The Federal green procurement mandates can affect our purchasing practices at all levels, from purchase cardholders to base operating supplies to commodities and services provided for customers. DLA’s policy is to consider environmental factors in all purchasing decisions, giving preference to those products and services designated by or recommended in Federal green procurement preference programs. As a practical matter, these programs generally allow exceptions for performance, price, and availability, with appropriate documentation and approval. Activity personnel will meet the requirements for procurement of:

• Recovered-material content products designated by the Environmental Protection

Agency,

• Energy efficient products designated by the Department of Energy or ENERGY STAR program,

• Biobased content products (BioPreferred) designated by the United States Department of

Agriculture, and

• Environmentally preferable products, to include non-toxic or less toxic materials.

I have established a Green Procurement Team that will implement and maintain planning for the green procurement program at our Activity, including training. All employees who make purchasing decisions must take appropriate actions to actively participate in the success of this program. I intend to recognize our accomplishments locally and send forward those deserving recognition at DLA and DoD levels.

Signed

DIRECTOR/COMMANDER/

ADMINISTRATOR

21 ENCLOSURE 3

ENCLOSURE 3

GREEN PROCUREMENT PROGRAM PROCEDURES

1. GREEN PROCUREMENT PROGRAM ELEMENTS

a. Section 6962 of title 42, United States Code (Reference (f)), requires Federal agencies to develop affirmative procurement programs to assure that recovered content items designated by the EPA are purchased to the maximum extent practicable and consistent with applicable provisions of Federal procurement regulation (Reference (e)). Such programs must contain the following four elements:

(1). A recovered-material content preference program.

(2). An agency promotion program.

(3). An annual review and monitoring program.

(4). A vendor estimation, certification, and verification.

b. These four elements will apply not only to recovered content items, but also to biobased products (both are specifically mentioned in FAR 23.4 (Reference (e))) as well as other products and services, e.g., energy efficient, water conserving, and environmentally preferable products, unless excluded in the following paragraphs.

2. SUSTAINABLE PRODUCTS AND SERVICES PREFERENCE PROGRAM

a. The preference program is the first program element and demonstrates to our suppliers and customers that DLA is fully committed to sustainable procurement, to include recovered content, biobased, energy efficient, water conserving, less ozone depleting, and other environmentally preferable products.

b. DLA's preference program is based on mandated federal procurement preference programs, such as EPA's CPG for designated recovered-material content items. For those items included in the CPG, preference will be given to procuring and using such products containing the highest percentage of recovered materials practicable versus products made with virgin materials, when adequate competition exists, and when price, performance, and availability are equal, in accordance with FAR 23.404(b)(1) of Reference (e) and subparagraph 6962(c)(1) of Reference (f).

c. Similarly, for items included in USDA’s categories of biobased products in accordance with Farm Bill 2008 (Reference (g)), preference will be given to procuring those products containing the highest percentage of biobased material practicable; or USDA’s recommended minimum content standards pursuant to FAR 23.404(d)(2)(i) of Reference (e).

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d. When a biobased item is used for the same purpose and to meet the same requirements as an EPA-designated recovered product, the federal agency must purchase the recovered content product.

e. When contracting for energy-consuming products or services, which are listed in the

ENERGY STAR or FEMP (Reference (h)), contracting officials will give them preference over other products or services pursuant to FAR 23.203 of Reference (e), if possible.

f. A decision to purchase a nonconforming product or service designated by EPA, USDA, or

DOE typically requires a written waiver exemption justification and concurrence. (See Figure 2 for written waiver exemption justification information.)

g. For recent lists of recycled, biobased, and energy efficient product categories designated for federal procurement preference, refer to Tables 1, 2, and 3. As additional product categories are identified, EPA, DOE and USDA continually update their web sites. DLA Installation Support Environmental Management (DS-E) will also include them in subsequent updates to this Manual or their GPP web site.

3. PROMOTION AND TRAINING PROGRAM

a. The second program element of promotion endorses DLA’s preference for green procurement; increases awareness of the GPP requirements; and encourages employees, contractors, and suppliers to comply. The program should include recovered-material content, energy efficient, biobased and other environmentally preferable products that the activities acquire. Because of DLA’s diverse nature, HQ and subordinate DLA Field Activities will implement procedures for green procurement training consistent with their mission and intent.

The promotion program consists of internal promotion targeted towards employees and external promotion targeted towards DLA’s suppliers.

b. Internal promotion should include general awareness through posting articles in agency newsletters and participating in site workshops (e.g., Earth Day). In addition, DLA Field Activities must provide internal training to educate appropriate employees about their responsibilities as follows:

(1) Include initial green (sustainable) procurement training for all personnel involved in the procurement process from requirements generation to contracting, government purchase card, or other purchase actions. For example, purchase card holders are urged to complete green procurement training (CLC046, Green Procurement, a two-hour course available online at Defense Acquisition University (DAU) or “Buying Green: A Multifunctional Approach to Pollution Prevention” a two-day course offered by DLA Human Resources Services, DLA Training) prior to a card being issued. In addition, for all acquisition professionals in DLA, the CLC046 is a requirement and is recorded at DAU.

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(2) Incorporate the GPP awareness training program into established training programs for Field Activity management and staff, such as: new employee orientation; environmental awareness training; contracting officer’s representative, government purchase card, and other procurement training; and office administrative staff training.

(3) Establish a process to identify training requirements for each position and document initial and follow-up training for each individual with responsibilities under the GPP. Activities that cannot supply adequate training or need additional information should contact the staff of DLA Human Resources Services, DLA Training, for assistance. (See Table 4 for information regarding available Green Procurement training, including on-line training.)

c. DLA HQ staff from DS-E, DLA Logistics Operations (J3), and DLA Acquisition (J7), as well as personnel within other organizations, as appropriate, will promote the Green Procurement Program. DLA will externally promote its desire to purchase sustainable products by leading or supporting such activities as:

(1) Identifying applicable “green” items managed by DLA.

(2) Periodically announcing or otherwise promoting the green procurement program in trade publications, recycling journals, and procurement publications.

(3) Inserting and including explicit preference standards in appropriate solicitations for bids and statements of work.

(4) Providing informational materials and training to program and procurement offices regarding the DLA green procurement program.

(5) Providing vendor and product information to program and procurement offices.

(6) Integrating green procurement information with DLA Corporate events management.

(7) Ensuring that training is offered and provided to government purchase card holders regarding the DLA green procurement program.

d. Similar to HQ DLA, support at the Field Activity level is not limited to environmental staff. Personnel involved in the acquisition process, including not only representatives of the technical, supply, and procurement communities but also the customers and the contractors, will share the responsibility for ensuring awareness and fostering compliance with green products and services acquisition. Supervisors and managers are responsible for knowing who needs green procurement training and ensuring they take it. The environmental coordinator can assist with identifying appropriate employee training and awareness opportunities. The Field Activity supplemental GPP may also require, rather than recommend or encourage, green procurement training courses for various personnel involved in the acquisition process.

e. Recognition and Awards. Employee recognition is an important component of the GPP, as it recognizes program promotion, innovation and initiative. DLA activities can compete for

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environmental awards at multiple levels. The DLA Environmental Award is presented annually to an individual or team within DLA demonstrating leadership and innovation in the broad environmental arena. At the DoD level, the Office of the Deputy Under Secretary of Defense (Installations & Environment) administers an annual Secretary of Defense Environmental Awards program, which recognizes successful and innovative environmental programs throughout the Department. At the federal level is the White House GreenGov Presidential Award for individuals or teams. DLA activities should consider nominating personnel to win these awards as a means of gaining recognition for their achievements and improving their GPPs.

Moreover, DLA activities are encouraged to establish their own awards programs as part of their promotion and training program. For DLA-wide awards, DS-E will disseminate information, notify winners, and nominate personnel or programs for DoD and federal awards as appropriate.

(See DLA Instruction 4101 (Reference (i)) for additional information.)

4. ANNUAL REVIEW AND MONITORING PROGRAM. This third required program element of annual review and monitoring applies to the overall GPP. It includes recycled-content products, biobased products, energy and water efficient products, products using renewable energy, and alternatives to hazardous or toxic chemicals, along with alternative fuels and other environmentally preferable products. DLA Acquisition reviews are to address green purchasing.

Moreover, each DLA Field Activity with a GPP supplement must review and evaluate its effectiveness annually. This review can be incorporated in the annual compliance self-assessment required by DLA Instruction 4102 (Reference (j)), and DoD Instruction 4715.6 (Reference (k)), or with comparable procurement reviews. The U.S. Air Force Guide to Green Purchasing, Jan 2005, includes green purchasing checklists; the Navy Green Procurement Implementation Guide includes Section 5.0, Measure, Adjust and Adapt, as an auditing step in its EMS approach. (See Figure 3 for links.) The U.S. Army Corps of Engineers’ Environmental Assessment and Management (TEAM) guide addresses procurement in section 6, Other Environmental Issues, including checklist O.46 for Procurement under Pollution Prevention (accessible through www.fedcenter.gov). The DoD GPP also includes a management assessment questionnaire (accessible through Defense Procurement and Acquisition Policy, Contract Policy, DENIX, or www.fedcenter.gov ). DLA Activities may adopt elements from any of these sources or develop a review of their own.

5. VENDOR ESTIMATION, CERTIFICATION, AND VERIFICATION

a. The fourth program element is required only for EPA-designated recovered-material content items found in Table 1. DLA procuring activities must ensure vendors provide an estimate of the total recycled content of their products and certify that the recycled content meets minimum content standards. Federal supply sources such as GSA and the Government Printing Office (GPO) have established their own estimation, certification, and verification procedures for EPA-designated items. Therefore, program offices procuring designated items exclusively through these supply sources need not conduct independent estimation, certification, and verification reviews.

http://www.fedcenter.gov/ http://www.fedcenter.gov/

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b. The following procedures for DLA activities and offices to verify estimates and certifications apply when a program office chooses to procure designated items outside of the aforementioned federal supply sources:

(1) Estimation. The procuring activity’s content standards for designated items will be specified in the statement of work. A separate estimate from the vendor regarding the percentage of recovered materials in the product is required. If the product exceeds the minimum content standards specified, the percentage of recovered materials must be stated to be given consideration for providing a higher than minimum content percentage. In accordance with FAR 23.406(d) (Reference (e)), FAR Clause 52.223-9 “Estimate of Percentage of Recovered-Material Content for EPA-Designated Products” will be inserted into contracts and solicitations exceeding $150,000 that are for, or specify the use of, EPA-designated items containing recovered materials based on the scope and specifications except for the acquisition of commercially available off-the-shelf items.

(2) Certification

(a) In accordance with the FAR (Reference (e)), vendors must comply with the clause requirements for (1) providing written certification to the contracting officer stating their products meet minimum content standards; (2) maintaining copies of certification documents;

and (3) producing copies of the written certification upon request. It is noted that some certifications will be documented through submission of a signed offer to the contracting officer while others may be documented through other mechanisms. One example is web-based reporting under FAR 52.223-9 for biobased efforts.

(b) The FAR contains a "Recovered Material Certification" provision (52.223-4) that federal agency contracting officers will insert into solicitations, including specifications that require using and procuring recovered-material content products.

(c) The FAR also contains “Biobased Product Certification” provisions for pre-award certification, which federal agency contracting officers will insert into solicitations that require:

the delivery or specify the use of USDA-designated items (52.223-1) or procurement of biobased products in service and construction contracts (52.223-2).

(3) Verification. Procuring activities will periodically review vendor certification documents as part of the annual review and monitoring process. Such reviews will enable DLA to verify compliance with EOs 13423 (Reference (l)) and 13514 (Reference (m)), as well as References (c) and (j), as applicable.

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Figure 2. Written Waiver Exemption Justification Template

Instructions: Non-contract specialists will complete this information when preferred procurement products or services subject to DLA's Green Procurement Plan are not procured, including recovered-material content, biobased, and energy efficient products designated by EPA, USDA, and DOE, respectively. NOTE: Contract specialists will use the determination and finding format to document justifications for waivers, rather than this template. (See Enclosure 3, Appendix A, paragraph 5e, herein.)

1. The procurement request originator, purchase cardholder, and contracting officer check the appropriate justification(s), provide a written explanation, and sign and date the documentation.

2. The original completed document becomes part of the contract file.

3. The procurement request originator submits a copy of the form to the field activity’s designated Environmental Coordinator.

4. The Environmental Coordinator attaches additional pages, if necessary.

Waiver Exemption Justification Name of Product or Service: ______________________________________________________ Stock Number or Description: ____________________________________________________ Purchase Request Number: _______________________________________________________ Method of Purchase: ________________________ Date: ______________________________ Vendor or Source: ______________________________________________________________ Applicable Exception (check one):

_____ Availability (not available within a reasonable period of time) Date needed: _____________________ Date available: _________________________ _____ Performance (fails to meet performance standard in the specifications) Describe the standard and what is needed: ___________________________________________ Describe how the guideline item fails to meet the standard: _____________________________ _____ Price (only available at unreasonable cost, taking life cycle energy costs into account) Preferred Product/Service Price: _________Price of non-preferred product/service: _________ _____ Limited sources (not available from 2 or more sources) Market research was performed by contacting _____ (insert number) vendors, but only ____________________________ (enter name) was able to supply the…