Drivers and Guidelines
Multiple acts of Congress, Executive orders, and Federal regulations direct preferred procurement of products by Federal agencies. The U.S. Department of Energy Order 450.1A sets forth Departmental policy governing environmental programs and DOE Order 430.2B directs life cycle cost analyses to be undertaken when purchasing products. The overarching drivers are summarized in Chapter 23 of the Acquisition Guide. The preferred products designated by Congress for purchase with specific attributes each have different purchasing requirements. The following list of preferred procurement programs requires DOE response:
Environmentally Preferable Purchasing in Environmental Management Systems
Environmentally Preferable Purchasing
Biobased Products
Electronic Stewardship
Energy/Water Efficient Products
Fuel/Vehicles - Alternatives
Non-Ozone Depleting Substances
Recycled Products
Sustainable Buildings
Environmentally Preferable Purchasing in Environmental Management Systems
The Regulations:
- Require inclusion of environmentally preferable purchasing as a component of the Environmental Management System.
The DOE office responsible for implementation is HS.
Environmentally Preferable Purchasing
The Regulations:
- Require establishment of an Environmental Preferable Purchasing Program
- Require giving preference to the purchase of environmentally preferable products and services
- Require consideration of life cycle costs and savings in planning and making determinations about investments in all capital assets, services, and procurements
- Require inclusion of all designated products and services in 95% of new contract actions including task and delivery orders
- Require incentive and award programs to reward exceptional individual and team performance in implementing the goals
The DOE Offices responsible for implementation are EERE, HS, and MA.
Biobased Products
The Regulations:
- Require giving preference to the purchase of products designated by the U.S. Department of Agriculture to contain biobased content
- Provide for USDA certification or approval of biobased products
- Allow exemptions for non-purchase based on the CAP (Cost too high, not Available, does not meet Performance criteria)
- Require maintaining a record if an exemption is necessary
- Require, in case of conflict, recycled criteria take precedence over preferred or biobased criteria
- Require 95% of new contract actions, task, and delivery orders specify the designated products
The DOE offices responsible for implementation are EERE, HS, and MA.
Electronic Stewardship
The Regulations:
- Require an electronics stewardship plan
- Require 95 percent of purchases of equipment available as Electronic Product Environmental Assessment Tool (EPEAT)products be EPEAT registered
- Require enabling the Energy StarŪ feature on computers and monitors
- Require extending the useful life of agency electronic equipment
- Require environmentally sound practices with respect to disposition of agency electronic equipment that has reached the end of its useful life
- Require 95% of new contract actions, task, and delivery orders specify the designated products
The DOE offices responsible for implementation are EERE, HS, and MA.
Energy/Water Efficient Products
The Regulations:
- Require giving preference to the purchase of ENERGY STARŪ products identified by DOE and EPA, FEMP-designated energy-efficient products and, in general, energy and water efficient products
- Require improved energy efficiency and reduction of greenhouse gas emissions through reduction of energy intensity by 3 percent annually through the end of FY2015 or by 30 percent by the end of FY2015, relative to the baseline of the agency's energy use in FY2003. To be on track, the reduction of energy intensity goal for FY2007 is 6 percent
- Require at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources. Per FY2008 OMB Scorecard, 1.5 percent from new sources (thermal, mechanical, or electric) and total of 3 percent from renewable electricity sources
- Require, to the extent feasible, renewable energy generation projects on agency property for agency use
- Require reduction of water consumption intensity relative to the baseline of the agency's water consumption in FY 2007, through life-cycle cost effective measures by 2 percent annually through the end of FY 2015 or 16 percent by the end of FY 2015
- Require 95% of new contract actions, task, and delivery orders specify the designated products
The DOE offices responsible for implementation are EERE, HS, and MA.
Fuel/Vehicles - Alternative
The Regulations:
- Require giving preference to the purchase of alternative fuels and vehicles
- Require 75% of a Federal fleet's covered vehicle (under 8,500lb) acquisitions be alternative fuel vehicles (AFV)
- Require 95% of dual fuel vehicles be operated on alternative fuels unless waiver approved by DOE
- Requires an annual reduction in AFV waivers from previous year of 10% if <50% AFVs waivered or 2% if <50% AFVs waivered for an OMB Scorecard green rating or an annual reduction in AFV waivers from previous year of 5% if >50% AFVs waivered or 1% if <50% AFVs waivered for a yellow rating beginning in FY2009
- Require reduction in fleet's total consumption of petroleum products by 2% annually through end of fiscal year 2015
- Require increase in total fuel consumption that is non-petroleum-based by 10% annually
- "Require use of plug-in hybrid (PIH) vehicles when PIH vehicles are commercially available at a cost reasonably comparable, on the basis of life-cycle cost, to non-PIH vehicles
The DOE offices responsible for implementation are EERE, HS, and MA.
Non-Ozone Depleting Substances
The Regulations:
- Require giving preference to the purchase of safe alternatives to ozone-depleting substances (ODS) as approved by the EPA's Significant New Alternatives Policy (SNAP) program
- Require plans to replace ODSs that target cost effective elimination of ODSs in new equipment and facilities and by phasing out ODS applications as the existing equipment using those substances reaches its expected service life
- Require agencies to consider 1) maintaining equipment to prevent or fix leaks and 2) replacing leaking equipment when repair is no longer cost-effective or where it is life-cycle cost-effective to replace the equipment
- Require revision of personal property management policies to preclude the disposal of ODSs removed or reclaimed from its facilities or equipment, including disposal as part of a contract, trade, or donation, without prior coordination with the Department of Defense
- Require 95% of new contract actions, task, and delivery orders specify the designated products
The DOE offices responsible for implementation are EERE, HS, and MA.
Recycled Products
The Regulations:
- Require giving preference to the purchase of products designated by the U.S. Environmental Protection Agency that contain recycled content and especially printing and writing paper with a minimum of 30 percent post-consumer recycled content
- Require purchasers to verify the recycled content in the products they purchase
- Allow exemptions for non-purchase based on the CAP (Cost too high, not Available, does not meet Performance criteria)
- Require maintaining a record if an exemption is necessary
- Require, in case of conflict, recycled criteria take precedence over biobased criteria
- Require 95% of new contract actions, task, and delivery orders specify the designated products
The DOE offices responsible for implementation are EERE, HS, and MA.
Sustainable Buildings
The Regulations:
- Require that new construction and major renovation of agency buildings comply with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings set forth in the Federal Leadership in High Performance and Sustainable Buildings Memorandum of Understanding (2006)
- Require 15 percent of the existing Federal capital asset building inventory incorporate the sustainable practices set forth in the Guiding Principles by FY2015
- Require implementing within the agency sustainable practices for high performance construction, lease, operation, and maintenance of buildings
- Require contracts for contractor operation of government-owned facilities or vehicles entered into after January 26, 2007 require the contractor to comply with the provisions of this order with respect to such facilities or vehicles to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles
- Require agreements, permits, leases, licenses, or other legally-binding obligations between the agency and a tenant or concessionaire entered into after January 26, 2007 require, to the extent the head of the agency determines appropriate, that the tenant or concessionaire take actions relating to matters within the scope of the contract that facilitate the agency's compliance with this order
The DOE offices responsible for implementation are EERE.
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