EO 13101 Quarterly Teleconference
Teleconference Workshop on Greening the Government through Waste Prevention, Recycling, and Federal Acquisition
May 25, 2000 11 a.m.- 12:30 p.m. Eastern Standard Time
11:00 a. m. Dial in
11:10 Greeting and introductions - Susan Weber, DOE-HQ EO 13101 Manager
Congratulations to the "Closing the Circle" award winners. Descriptions of the award-winning programs/projects are posted at http://twilight.saic.com/WasteMin/ctc.pdf.
The revised Draft Strategic Plan is posted on the Web site at http://twilight.saic.com/ap. This is one of the topics for todays call. The Final Plan should be issued in about two months.
Arnie Edelman, DOEs Office of Science, discussed the Pollution Prevention
Information Portal on the EPIC Web site (http://www.er.doe.gov/epic/), and stressed its
usefulness as an information finding tool. Arnie can be contacted at
11:20 How to implement the DOE Strategic Plan to Implement EO 13101 - Susan Weber, DOE-HQ EO 13101 Manager
Susan Weber described the Draft Strategic Plan elements; implementation features, such as roles and responsibilities, are also included in this Plan. Susan asked for feedback as to whether this would be a useful Plan for sites to successfully implement their programs.
Anna Beard, Richland Operations Office, asked who will be responsible for implementing the Strategic Plan (Headquarters, Field Offices?). Arnie Edelman mentioned signed performance agreements between Headquarters and Field Offices; Energy Efficiency is currently revising theirs. Susan Weber suggested that perhaps some type of signed performance agreements would help to ensure implementation of the Plan. Anna Beard said such agreements would be effective since Field Offices dont have the budget for all of the Executive Orders coming their way. They need a driver for management to know that this will affect all Field Offices. Harish Sharma, Albuquerque Operations Office, said that Albuquerque is trying to incorporate environmental measures in performance agreements, but it is not going well; a signed agreement would help to ensure that the Plan would be followed. Nevada also agreed that performance agreements would be helpful.
11:25 How do you envision your Environmental Acquisition Advocate (see Acquisition letter of March 13, 2000 attached to Strategic Plan) and EO 13101 Coordinator working together? - Richard Langston, Office of Procurement and Assistance Policy, will lead the discussion. Please come prepared to describe your site plans.
Richard Langston encountered a meeting conflict and was unable to participate in this teleconference when it was rescheduled for May 25. In his absence, Susan Weber spoke about the Acquisition Letter and the Green Acquisition Advocate. Richard offered to have a separate conference call if anyone wanted to discuss this with him; no one on this call responded to his offer.
Susan Weber stated that Appendix C of the Draft Strategic Plan contains the Acquisition Letter issued on May 11, 2000. There are now four "Greening the Government" Executive Orders. The current Acquisition Letter addresses the first two, and it is expected that the Acquisition Letter will be revised in the near future to address the last two Executive Orders.
Susan Weber was asked how many Green Acquisition Advocates there will be. Susan responded that each DOE office would be responsible for assigning an advocate. Possibly, each site would have an advocate in their procurement office.
Don Carlile, NREL, asked when the Strategic Plan would be final. Susan Weber answered that the goal at Headquarters is to issue a final Strategic Plan in about two months.
Tony Dinapoli, Pittsburgh Naval Reactor Site, asked if the Green Acquisition Advocate had to be a senior staff member. Mary-Ann Somsen, INEEL, read a passage from the acquisition letter in the Strategic Plan that used the term "senior" when referring to the Green Acquisition Advocate.
Susan Weber read the same passage from the May 11, 2000 final version of the letter, and noted that Section III of the Acquisition Letter does not include the "senior" designation. Mary-Ann Somsen had been reading an earlier version of the Plan. Susan suggested that everyone download a current version of the Plan from the Affirmative Procurement Web site at http://twilight.saic.com/ap if they had not already done so.
[Note: Acquisition Letter 2000-03, "Greening the Government Requirements in Contracting," was actually issued on May 16, 2000, and can be found at http://www.pr.doe.gov/acqltr.html.]
11:40 Is each site required to pursue all activities described in the Strategic Plan - Susan Weber, DOE-HQ EO 13101 Manager, will lead the discussion. Please come prepared to describe your site plans and where it might have problems.
Sandra Cannon indicated that PNNL has fully implemented EO 13101. She wanted to know if other sites had already met the EO 13101 requirements and how they were doing with their programs. Eleanor Chapman said that LANL is working on full compliance with the Plan; they have been meeting with procurement, but the fires have slowed things down.
Anna Beard said that DOE-Richland has been working with procurement since the EO was issued, that it is an ongoing process, that some procurement people were on the conference call, and that they were doing training on the purchase cards.
Harish Sharma said that DOE-Albuquerque program and procurement people were working together.
Brian Bowers stated that Paducah subcontracts most of its activities, including procurement of items covered in EO 13101. He said he was not sure how Paducah could implement the Plan under these circumstances.
Susan Weber suggested that perhaps a clause could be written into site contracts specifying compliance with the directive.
11:55 What questions do you have concerning the Strategic Plan that we have not discussed?
The Draft Strategic Plan will be helpful to sites trying to get their Affirmative Procurement programs started; sites that already have programs underway do not need assistance.
Anna Beard, Richland Operations Office, expressed concern that there is only six months to implement the Plan. In response to this, Susan Weber asked how often contracts are revised. Danny Lloyd, TJNAF, said they dont revise their contracts until they are up (maybe every five years), then they are renegotiated. Tony Dinapoli, Pittsburgh Naval Reactor Site, said that they renegotiate contracts annually to revise certain clauses. NREL said they do that too.
Susan Weber then discussed the DOE Acquisition Regulations (DEAR). The Federal Acquisition Regulations (FAR) are the prime contracting guidance for Contracting Officers. The DEAR supplements the FAR when necessary. The appropriate contract clauses are to be added to all site operating contracts. Susan was asked if the proposed DEAR revisions had been published in the Federal Register. Don Carlile, NREL, stated that it had been published about three weeks ago as a proposed rulemaking, and is about 60 pages long. Susan said that it updates the DEAR, which had been written for the old EO 12873 (which was superceded by EO 13101). There was a discussion of flow-down to subcontracts. Paducah and LANL would find it useful if the EO requirements were to flow down to subcontractors. Ames suggested that the whole EO may not flow down, just the appropriate parts. The DEAR revision needs to be read to find out if the whole EO flows down, or just certain affirmative procurement aspects.
[Correction: the proposed revisions in the DEAR to implement EO 13101 have not yet been published in the Federal Register. Other proposed revisions in the DEAR were published on March 13, 2000.]
In a follow-up to earlier discussion by Brian Bowers of Paducah, Mary-Ann Somsen from INEEL discussed how INEEL follows EPA guidelines and Affirmative Procurement requirements. She stated that INEEL writes the AP requirements into their contracts. Mary-Ann then discussed how INEEL has developed product service codes for the products they purchase. This information is then input into an annual report data base. Also, INEEL uses suppliers who certify that their products meet Affirmative Procurement requirements.
Susan Weber summarized this discussion by stating that PNNL, INEEL, and Hanford currently have award-winning programs in place. Other sites, such as Paducah, would find the Strategic Plan useful in their Affirmative Procurement efforts.
12:10 The top nine designated products the DOE family spent the most money on are listed below (following the teleconference minutes). The percentages show that DOE is having problems purchasing these nine products with recycled content. What problems are hindering us in purchasing these products with recycled content? How can we solve these problems? Sandra Cannon, Pacific Northwest National Laboratory, will lead this discussion.
Sandra Cannon, PNNL, began the discussion by reviewing the "Top Nine EO 13101 Products Sought by DOE" document that was previously e-mailed to meeting attendees (below). The balance of Sandras discussion focused on copier paper. Sandra asked the teleconference participants if it would be a problem for their sites to report copy paper separately, since it is such a large component of products purchased. Mary-Ann Somsen of INEEL stated that this would be doable, but not simple to accomplish. Harish Sharma indicated that Albuquerque buys all of its copy paper from GSA.
Sandra asked if anyone other than PNNL uses Boise Cascade as a copy paper provider, because Boise has told her that she is the only person who requests recycled items. Shelley Worsham said that LBNL uses Boise Cascade, and she stresses to them the need to buy paper with recycled content.
The Needed Nifty Nine
Top Nine EO 13101 Products Sought by DOE
Products Which DOE Purchased About $1M Worth in FY1999 But Purchased Less than 90%
Uncoated Printing Paper 13% CAP (either cost too high, not available, poor performance)
Cement/Concrete with Fly Ash/Blast Furnace Slag 38% CAP
Toner Cartridges 25% CAP
Bristols 19% CAP
Binders 26% CAP
Plastic Trash Bags 15% CAP
Re-Refined Oil 62% CAP
Tires 27% CAP
Carpet 11% CAP
Need to meet specific performance requirements?
12:20 Decide on date (August 17 or 31?) and topic for next teleconference: 18 newly designated products(?)
The next teleconference will be held on Thursday, August 17, 2000, from 11 a.m. to 12:30 p.m. EST. Proposed discussion topics include the DEAR and the 18 newly designated products.
Susan Weber also reminded the conference attendees to submit data for the new CPG Products data base (spreadsheet of data categories on CPG products was e-mailed in February, 2000). Please submit data (or questions) to LaumeierC@saic.com or P2support@hq.doe.gov.
Sources of Information Applicable to this Teleconference
US Department of Energys EO 13101 home page http://twilight.saic.com/ap
DOE Strategic Plan to Implement EO 13101 (see third bullet in EO 13101 Regulations and Guidance), reporting site, annual report, teleconference minutes, and source of helpful information. For instance, to quickly find the EPA specifications and guidance for the designated products, look at the EO 13101 home page under Affirmative Procurement Program Guidance.
Office of the Federal Environmental Executive http://ofee.gov/
US Department of Energy/Richland Operations Office http://www.hanford.gov/polprev/ap.html
Executive Order 13101 (Replaces EO 12873) - Greening the Government through Waste Prevention, Recycling, and Federal Acquisition http://www.ofee.gov/eo13101/13101.htm
Executive Order 13123 - Energy Efficiency http://www.eren.doe.gov/femp/aboutfemp/exec13123.html
Executive Order 13134 - Developing and Promoting Biobased Products and Bioenergy http://ceq.hss.doe.gov/nepa/regs/eos/eo13148.html
US Environmental Protection Agency http://www.epa.gov/cpg/products.htm
US Environmental Protection Agency http://www.epa.gov/opptintr/epp/
US Environmental Protection Agency http://www.epa.gov/epp/pubs/greenguides.htm
Lawrence Berkeley National Laboratory Construction Guidelines http://epic.er.doe.gov/epicdoe/bulletin/masterspecs/toc1.htm
"Painting the Town Green - Aberdeen Proving Ground Paint Pilot Project" http://www.epa.gov/epp/pubs/case/paint.pdf Results of paint pilot project at Aberdeen Proving Ground
DOE Complex Wide Materials Exchange http://wastenot.er.doe.gov/
US Environmental Protection Agency http://ofee.gov/html/rcra2.htm
"The requirements of RCRA section 6002 apply to such procuring agencies only when procuring designated items where the price of the item exceeds $10,000 or the quantity of the item purchased in the previous year exceeded $10,000. The $10,000 threshold applies to all purchases made by an entire agency rather than regional or local offices (e.g., Department of the Interior, Department of Defense, etc). Most Federal agencies exceed the $10,000 threshold for EPA designated items."
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