010001 affirmative procurement.pdf

F5W61607 Combined Support Maintenance Shop - Phase II Ohio Army National Guard Rev. 0 Defense Supply Center Columbus, Ohio 30 January 2009 Bid Final

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SECTION 010001 - AFFIRMATIVE PROCUREMENT

PART 1 - GENERAL

1.1 AFFIRMATIVE PROCUREMENT AND POLLUTION PREVENTION

A. Affirmative Procurement is a mandatory component of the pollution prevention program for this Project. The Installation Pollution Prevention Program Guide includes this goal for Affirmative Procurement: “100 percent of all products purchased each year in each of U.S. EPA’s ‘Guideline Item’ categories shall contain recovered materials meeting U.S. EPA’s Guideline Criteria.” This document contains guidelines for implementing the EO, DOD, and other government requirements.

1.2 AUTHORITY AND REFERENCES

A. The Resource Conservation and Recovery Act (RCRA), Section 6002 (42 U.S.C.

6962).

B. Executive Order (EO) 13101, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition.

C. Title 40, Code of Federal Regulations (CFR), Part 247, Comprehensive Procurement Guideline for Products containing Recovered Material.

D. Federal Acquisition Regulations (FAR).

1.3 DEFINITIONS

A. AFFIRMATIVE PROCUREMENT: The purchase of environmentally preferable prod-ucts manufactured from recycled and reclaimed materials.

B. ACQUISITION: The acquiring by contract with appropriated funds for supplies or ser-vices (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 man-agement functions directly related to the process of fulfilling agency needs by contract.

C. CONTRACTOR: The prime CONTRACTOR, Subcontractor, material suppliers, and equipment suppliers who provide the products that will be used in the construction of this project.

D. ENVIRONMENTALLY PREFERABLE: Products or services having a lesser or reduced effect on human health and the environment when compared to competing products or services, serving the same purpose. This comparison may consider raw materials ac-

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quisition, production, manufacturing, packing, distribution, reuse, operation, mainte-nance, or product or service disposal. (Section 201, EO 12873).

E. EPA DESIGNATED ITEM: An item that is or can be made with recovered material; that is listed by the Environmental Protection Agency (EPA) in a procurement guideline (40 CFR, Part 427); and for which EPA has advised purchasing recommendations in a re-lated Recovered materials Advisory Notice (RMAN). (FAR 23.402).

F. EXECUTIVE AGENT OR AGENCY: An executive agency as defined in 5 U.S.C. 105.

For the purpose of this order, military departments, as defined in 5 U.S.C. 102 are cov-ered under the auspices of the Department of Defense.

G. FORM: The Affirmative Procurement Reporting Form found at the end of this section.

H. POLLUTION PREVENTION: Source reduction as defined in the Pollution Prevention Act of 1990 (42 U.S.C. 13102), and other practices that reduce or eliminate the crea-tion of pollutants through (a) increased efficiency in the use of raw materials, energy, water, or other resources; or (b) protection of natural resources by conservation.

I. POSTCONSUMER MATERIAL: A material or finished product that has served its in-tended use and has been discarded for disposal or recovery, having completed its life as a consumer item. “Post consumer material” is a part of the broader category of “re-covered material”.

J. PROCUREMENT: The purchase and providing of products to be used in the construc-tion of this project.

K. PRODUCT: Materials and equipment that will be used in the construction of this pro-ject.

L. RECOVERED MATERIALS: Waste materials and by-products which have been recov-ered or diverted from solid waste, but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (Section 205, EO 12873 and FAR 23.402).

M. RECYCLABILITY: The ability of a product or material to be recovered from or other-wise diverted from the solid waste stream for the purpose of recycling. (Section 206, EO 12873).

N. RECYCLING: The series of activities, including collection, separation, and processing by which products or other materials are recovered from the solid waste steam for use in form of raw materials in the manufacture of new products other than fuel for produc-ing heat or power by combustion. (Section 207, EO 12873).

O. RECYCLED MATERIAL: A material utilized in place of raw or virgin material in product manufacturing consisting of materials derived from post consumer waste, industrial scrap, material derived from agricultural wastes, and other items, all of which can be used in new product manufacturer. (EPA Guidelines & OFPP Policy Letter 92-4).

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P. RECYCLED PRODUCT: A recycled product is one made completely or partially from waste materials or by-products recovered or diverted from the solid waste stream.

Q. SOLID WASTE: Garbage, refuse, sludge and other discarded materials including those from industrial, commercial, and agricultural operations, and from community activities.

This excludes solids or dissolved materials in domestic sewage or other significant pol-lutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flow, etc. (EPA Guide-lines).

R. SPECIFICATION(S): A clear and accurate description of the technical requirements for materials, products, or services including the minimum requirement for materials’ qual-ity and construction and any equipment necessary for an acceptable product. In gen-eral, specifications are in the form of written descriptions, drawings, prints, commercial designations, industry standards, and other descriptive references.

S. UNREASONABLE PRICE: If the cost of the recycled content product exceeds the cost of a non-recycled item, the Ohio ARNG considers the cost to be unreasonable.

T. VERIFICATION: Procedures used by procuring agencies to confirm both vendor esti-mates and certifications of the percentages of recovered materials contained in the products supplied to them or to be used in the performance of a contract. (EPA Guide-lines).

U. WASTE PREVENTION: Any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

V. WASTE REDUCTION: Preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally pref-erable products.

1.4 REGULATORY BACKGROUND

A. Section 6002 of RCRA requires federal agencies to give preference in the acquisition process to products and practices that conserve and protect natural resources and the environment. EO 12873 requires federal agencies to expand waste prevention and re-cycling programs, implement affirmative procurement programs for the United States Environmental Protection Agency (EPA) designated items, and procure other environ-mentally preferable products and services. The stated purpose of the Affirmative Pro-curement Program is to stimulate the market for recovered materials. As a result of EO 12873, the EPA issued the Comprehensive Procurement Guidelines (CPGs) that have established the mandatory procurement by federal agencies of 36 items produced with recovered materials. The EPA has also issued Recovered Material Advisor Notices (RMANs) to accompany the CPGs and provide detailed information on the designated items. Please direct all questions regarding the plan to the CONTRACTING OFFICER for forwarding to the Environmental Office.

1.5 APPLICABILITY

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A. These procedures apply to CONTRACTORS employed in the construction of this pro-ject. Please direct all questions regarding the plan to the CONTRACTING OFFICER.

1.6 EXEMPTIONS

A. EPA Recommendations: The U.S. EPA’s recommends minimum recycled content lev-els are mandatory for procurements of those items listed in the AFFIRMATIVE PROCUREMENT REPORTING FORM, unless one of the following exemptions ap-plies. RCRA provides the following exemptions from the requirement to purchase EPA-designated items:

1. The product is not available from a sufficient number of sources to maintain a sat-isfactory level of competition (i.e., available from two or more sources).

2. The product is not available within a reasonable period of time.

3. The product does not meet the performance standards in applicable specifications or fails to meet reasonable performance standards of the procuring agency.

4. The product is not available at a reasonable price. For Colorado ARNG purposes, “unreasonable price” is defined as follows: If the price of the recycled-content product exceeds the cost of a non-recycled item, then the price is considered un-reasonable.

B. CONTRACTOR Responsibility: The CONTRACTOR is responsible for completion of the Form with respect to the work and products being provided. The Prime CONTRACTOR is responsible for insuring that all sub-contractors comply with this or-der. Each CONTRACTOR shall provide written documentation to support his/her deci-sion not to acquire items meeting the minimum content levels. This documentation shall be forwarded to the CONTRACTING OFFICER for review and approval. In the event the documentation fails to support the CONTRACTOR’s findings, the CONTRACTING OFFICER’s Representative shall return the documentation to the CONTRACTOR citing the reason(s) for disapproval. The CONTRACTOR shall resub-mit and address the deficiencies. CONTRACTOR is cautioned not to proceed with ac-quiring non-compliant materials until the CONTRACTING OFFICER’s approval is re-ceived.

1.7 U.S. EPA DESIGNATED ITEMS

A. The 54 U.S. EPA-designated items are listed below. Not all of these materials may be required in the construction of this project. Please refer to the drawings and specifica-tions. The attached AFFIRMATIVE PROCUREMENT REPORTING FORM shall be used to demonstrate compliance with the stated procurement requirements.

1. PAPER PRODUCTS: All paper and paper products, excluding some specified building and construction paper grades.

2. VEHICULAR PRODUCTS:

a. Lubricating oils containing re-refined oil, including engine lubricating oils, hy-draulic fluids, and gear oils, but excluding marine and aviation oils.

b. Tires, excluding airplane tires.

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c. Reclaimed engine coolants, excluding coolants used in non-vehicular appli-cations.

3. CONSTRUCTION PRODUCTS:

a. Building insulation products.

b. Structural fiberboard products for applications other than building insulation.

c. Laminated paperboard products for applications other than building insula-tion.

d. Cement and concrete, including products such as pipe and block, containing fly ash.

e. Cement and concrete, including concrete products such as pipe and block, containing ground-granulated blast furnace (GGBF) slag.

f. Carpet made of polyester fiber for use in low- and medium-wear applica-tions.

g. Floor tiles containing recovered rubber or plastic

h. Patio blocks containing recovered rubber or plastic.

i. Shower and restroom dividers/partitions containing recovered steel or plas-tic.

j. eprocessed and consolidated latex paint for specific uses.

k. Carpet cushion.

l. Flowable fill

m. Railroad grade crossing surfaces.

4. TRANSPORTATION PRODUCTS:

a. Traffic barricades used in controlling or restricting vehicular traffic.

b. Traffic cones used in controlling or restricting vehicular traffic.

c. Parking stops.

d. Channelizers used as temporary traffic control devices.

e. Delineators used as temporary traffic control devices.

f. Flexible delineators used as temporary traffic control devices.

5. LANDSCAPING PRODUCTS:

a. Hydraulic mulch products containing recovered paper or recovered wood.

b. Compost made from yard trimmings, leaves, and/or grass clippings.

c. Garden and soaker hoses containing recovered rubber or plastic.

d. Lawn and garden edging containing recovered rubber or plastic.

e. Food waste compost.

f. Plastic lumber landscaping timbers and posts.

6. NON-PAPER OFFICE PRODUCTS:

a. Office recycling containers.

b. Office waste receptacles.

c. Plastic desktop accessories.

d. Toner cartridges.

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e. Binders.

f. Plastic trash bags.

g. Printer ribbons (re-inked ribbons or re-inking equipment/service

h. or ribbons).

i. Plastic envelops.

j. Solid plastic binders.

k. Plastic clipboards.

l. Plastic file folders.

m. Plastic clip portfolios.

n. Plastic presentation folders.

7. MISCELLANEOUS PRODUCTS:

a. Pallets

b. Sorbents.

c. Industrial drums.

d. Awards and plaques.

e. Mats.

f. Signage, including sign supports and posts.

g. Manual-grade strapping.

1.8 INTENT

A. The intent of this section is to increase the awareness of all CONTRACTORS as to the availability of products manufactured from, or that contain recycled materials, thereby increasing the use of these products in the construction of this project.

B. The various sections of the specifications contain references to products to be used in the construction of this project. The listed product may or may not be manufactured from or contain recycled materials. Therefore, all CONTRACTORS, Subcontractor, equipment suppliers, and material suppliers are responsible for compliance with this specification. Recycled products shall be used wherever possible subject to the ex-emptions as per the paragraph entitled EXEMPTIONS. Substitution of recycled materi-als or recycled products for specified products are subject to the provisions of the Arti-cle entitled EXEMPTIONS.

1.9 RECYCLED OR RECOVERED PRODUCTS

A. All construction materials to be used in this project, unless on existing exemption list, are to be identified on the Form at the end of this section.

1.10 QUALITY ASSURANCE

A. Companies specializing in the manufacture of products that comply with the require-ments of this section shall have a minimum of 3 year’s documented experience.

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PART 2 - PRODUCTS

2.1 PARTIAL LIST OF PRODUCT SOURCES AND INFORMATION

A. The following is a partial list of companies that manufacturer products using recycled materials. This partial list is presented to establish 'a standard of quality' for this project and does not infer that these items by these manufacturers will be used on this project or that other manufacturers do not qualify (refer to technical specification sections for products specified for this project). All products intended for use on this project, whether listed below or not, shall be submitted to the CONTRACTING OFFICER’s Representative in accordance with SUMITTALS specification Section in these specifi-cations.

1. GENERAL DATA:

a. GreenSpec Binder, Environmental Building News, www.ebuild.com.

b. Certified Forest Products Council, www.cerifiedwood.org/.

c. Wiley Series in Sustainable Design, www.wiley.com/.

d. The Carpet and Rug Institute, www.carpet-rug.com/.

e. Information, McGraw-Hill, dialogue@mcgraw-hill.com.

f. Oikos Green Building Source, News, searchable products data base, library, www.oikos.com.

g. Green Design Network, News, publications, databases, www.greendesign.net.

h. Green Works Recycled Content 7 Product Guide, detailed vendors directory, www.metrokc.gov/greenworks/recycontent.htm.

2. CONCRETE:

a. GranCem, granulated blast-furnace slag, www.grancem.com/

b. Syndesis, cement-based, pre-cast product workable with wood tools, www.syndesisinc.com/.

3. MASONRY:

a. Heble Building Systems, autoclaved aerated concrete blocks, www.heble.com/.

b. Ytong Florida Ltd., autoclaved aerated concrete blocks, www.ytong-usa.com/.

4. CARPENTRY:

a. Avonite, solid surfacing, www.avonite.com/.

b. Chemical Specialties, wood treatment, www.treatedwood.com/.

c. Homasote Company, structural fiberboard, www.homasote.com/.

d. Isoboard, fiberboard composed of straw fibers and non-toxic resins, www.isoboard.com/.

e. TrusJoist Mac Millan, engineered wood products, www.homasote.com/.

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5. THERMAL & MOISTURE PROTECTION:

a. Duro-Last Roofing, recycled PVC walkway pads, 1-800-248-0280

b. Johns Manville, Insulation products, www.jm.com/.

c. Majestic Skylines, rubber-based slate-look roofing for steep roofs, www.majesticskylines.com/.

d. Owens-Corning, insulation products, www.owenscorning.com/.

6. DOORS & WINDOWS:

a. Marvin Window & Door, windows, some meeting “Energy Star Label”, www.marvin.com/.

b. Pella, energy efficient windows, www/pella.com/.

7. FINISHES:

a. Armstrong World Industries, Inc.-Flooring Systems, www.armstrong-floors.com/.

b. Armstrong World Industries, Inc.-Ceiling Systems, www.ceilings.com/.

c. Benjamin Moore & Co., VOC free acrylic interior latex paint, www.benjaminmoore.com/.

d. CanFibre Group Ltd., all-green medium-density fiberboard, www.canfibre.com.

e. Chemrex Inc., low-e interior paint, www.chemrex.com/.

f. Collins & Aikman Floor coverings, carpet with 100 percent post-consumer backing, www.powerbond.com/.

g. DesignTex, Inc., polyester panel fabric made from 100 percent PET fiber, www.dtex.com/.

h. Dodge-Regupol, Inc., 100 percent recycled rubber-flooring, www.regupol.com/.

i. Eco-sensitive modular tile, vinyl tile with 100 percent recycled carpet-backing, www.powerbond.com/.

j. Environmental Stone Products, stone manufactured from 100 percent recy-cled glass, www.environmentalstone.com/.

k. Glidden: residential interior latex paints 100 percent free of VOC, www.icipaintstores.com/.

l. Homasote Inc., sound barrier, www.homasote.com/.

m. Isoboard Enterprises, Inc. panel made from wheat straw and nontoxic resins, 1-503-242-7345.

n. Marley-Flexco Co., flooring made form 95 percent recycled truck and bus tires, www.marleyflexco.com/.

o. The Mat Factory, Inc., interlocking roll-up tiles made from 100 percent post-consumer tire rubber and PVC plastic from electric cable covers.

p. Permafirm Pad Co., carpet pads made from almost 100 percent recycled content, 1 800-344-6977.

q. Sherwin Williams, VOC compliant paints and enamels, www.sherwin.com/.

r. SierraPine Limited, formaldehyde-free particleboard and medium density fi-berboard containing recycled/recovered wood fiber, www.sierrapine.com/

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s. Summittville Tiles, impervious porcelain tiles using feldspar tailings, www.summitville.com/.

t. Tectum, natural-fiber acoustical ceiling and wall panels, www.tectum.com/.

u. Tiles with natural fibers, tiles made of a bio-alloy material and natural fibers, www.maderatile.com.

v. USG Interiors, Inc., synthetic gypsum board, www.usg.com/.

w. Decorative Architectural Tiles, floor, counter & wall tile made from 100 per-cent postconsumer glass, 1-808-8857812.

x. Forbo, linoleum flooring utilizing renewable resources, www.forbo.com/.

8. SPECIALTIES:

a. The Access Store, modular ramping system made from 100 percent recycled rubber, www.accessstoe.com/.

b. BP Solar, photovoltaic modules and systems, www.bp.com/bpsolar/index.

c. Mecho Shade Systems, interior shadecloths, www.mechoshade.com/.

d. R Control, structural insulated panel (SIP), www.mechoshade.com/.

9. FURNISHINGS:

a. Guilford of Maine, fabric from 100 percent recycled materials, www.terratex.com/.

b. Phenix Biocomposites, tabletops made from soy based products free of pet-rochemicals, 1-800-324-8187.

c. Safe Solutions, LLC, furniture manufactured from waste wood, 1-970-247- 3333.

10. ELECTRICAL:

a. Advance Transformer Company, linear reactor ballast, www.advancetransformer.com/.

b. Artemide Inc., energy efficient cold-cathode lighting, www.artemide.com/.

c. Edison Price Lighting, track mounted metal-halide PAR 30 &38 lamps, 1-

212-521-6995.

d. Leviton Manufacturing Corporation, Inc., occupancy sensors, www.leviton.com/.

e. Phillips Lighting, energy efficient compact fluorescent lamps, www.phillips.com/lighting.

f. Osram Sylvania, mercury-free lamps and energy efficient fluorescent lamps, www.osramsylvania.com/.

g. Sensor Switch, lighting control occupancy sensors, www.sensorswitch.com/.

h. Venture Lighting, pulse-start high performance lamp-ballast system, www.venturelighting.com/.

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PART 3 - EXECUTION

3.1 INSTALLATION

A. All products shall be installed per manufacturer’s instructions.

END OF SECTION 010001