Steps for EPP Purchases

1
Steps for EPP Purchases

• Do research on the product identify benefits and
  price
• Run through chain of commandbring to supervisor
• Who interacts with or uses the product or
  productscould develop advisory council. Include
  council/committee/school board members who can
  also serve as advocates
• Could bring to workshop (informal, non-voting)
  meeting of governing body/school board identify
  options and benefits
• Could follow up with development of a formal
  policy.

2
Market Research

• Explore databases to become familiar with the
  environmental or health issues raised for various
  productssee handout
• Explore GSA Environmental Products and Services
  Guide, at http//www.gsa.gov/gsa/cm_attachments/GS
  A_DOCUMENT/2003_4_epsg_optB(final20web20version2
  )_R2OP1-z_0Z5RDZ-i34K-pR.pdf for an overview of
  products
• Dont have timecontact your local state higher
  education institution to hire an intern to do
  research and facilitate coordination with vendors
  

• Determine how the environmental aspects of
  products can relate to the needs of the
  contracting unite.g. for longevity, reduced
  waste costs, health and safety of employees and
  others served
• Sign up for EPPNet through Northeast Recycling
  Council http//www.nerc.org/eppnet.html use an
  inquiry to the distribution list to get
  information on product attributes and experience
  of others with the products

3
Market Research (continued)

• Utilize Request for Information (RFI) to find out
  about product attributes
• Include questions about environmental aspects of
  the product or serviceuse info from databases or
  specifications
• Ask suppliers what they can do, look at trends in
  products
• Can always use the state contractsobviates
  bidding requirement. Recycled and EPP products
  guide to NJ contracts www.state.nj.us/treasury/pur
  chase/recyclecontent.shtml

• Determine the availability of EPP
  productsobviates need for making EPP product
  compete against non-EPP
• Ask supplier where they are getting the product
  from, examine their dealings with the factory
  (helps determine whether product will remain
  available)
• Consider used or refurbished itemsagain,
  consider availability

4
Market Research (continued)

• Do analysis of life of product
• If a product can be expected to operate over a
  long life, buying a unit based only on its
  initial cost is uneconomical and foolishneed to
  incorporate the costs to operate and maintain the
  product
• Likewise, buying a product only on its initial
  price can be uneconomical, if a higher priced
  product exists which will last substantially
  longer and/or reduce maintenance and operation
  costs

• For exampledesire for benches which would last
  longer, and require less maintenance led to
  plastic lumber
• Same with railroad tieselevated tracks made
  replacement hard needed very long-lasting
  tiesplastic lumber
• SWPG creating database of real-life users

5
Basic Environmental Criteria for overall quality
of product or service

• Less hazardous to human health or in terms of
  lower toxic content, e.g. mercury
• Low Volatile Organic Compounds (VOCs) (see
  glossary)
• Conserves resources, including energy, water,
  paper, other resources
• Recycled content
• Durability/easier or cheaper to maintain
• End of Life Management/Less Waste
• Environmental Consequences reduced air
  pollution or climate change impacts

6
Creating SpecificationsProduct-Specific Clauses

• Two sources
• Objective, non-proprietary standardse.g. third
  party certifications/industry performance
  standards (ASTM, IST, etc.)
• Written specifications designed to ensure quality
  comparable to virgin productse.g. paper
• EPA specifications and contract language found at
  http//yosemite1.epa.gov/oppt/eppstand2.nsf/Pages/
  Contracts.html?Open
• Other standards and specifications listed in
  resource guide
• Eliminate any exclusion of recovered materials
  and any requirement that items be manufactured
  from virgin materialsallows reused items or
  recycled items

7
Using SpecificationsAsking for More

• Specify refillable, returnable or recyclable
  packaging, or no packaging
• Require vendors to report your environmental
  purchases on a quarterly or annual basisto
  assist in your own tracking
• Include requirement that successful vendor
  provide certain quantity of samples for, e.g.
  garbage bags also certain quantity of samples to
  be retained as control sample contract
  invalidated if performance is not adequate

8
Plan for Contract Administration (Use standard
contract wisdom)

• As with any purchase, the contract does not end
  with the awardespecially with an ongoing
  contract, must build in monitoring
• Requirement for notification if any deviation
  from original products suppliedhow does the
  change still meet the original specifications
• Watch for changes in invoicing, unit of
  measurement, packaging, etc. Could be
  substitution of products.
• Periodic testing (especially with chemicals)

9
Summary of Approach

• Combine the use of objective standards or
  benchmarks from model specifications with normal
  contract management wisdom/practices

10
Cooperative Purchasing

• A Cooperative Pricing System involves two or more
  participating contracting units that have agreed
  to join together for provision and performance of
  goods and services, including the purchase of
  energy
• A Regional Cooperative Pricing is composed of 2
  or more cooperative pricing systems
• Allows greater purchasing power and potentially
  reduced prices for EPP products
• Cooperative pricing system and joint purchase
  agreements are required to be registered with the
  Division of Local Government Services, DCA

11
Legal Requirements for New Jersey State and Local
Contracting Units

• Fed. Exec. Order 13101 if you receive moneymay
  be only to extent of use of that money (discussed
  below)
• State Executive Order 91
• State Recycling Law

12
Executive Order 13101

• Under Section 6002 of the Resource Conservation
  and Recovery Act (RCRA) and Presidential
  Executive Order 13101, any state or local agency
  meeting all of the following three criteria is
  subject to federal guidelines which require the
  agency to buy certain products with recycled
  content
• The product being purchased has been designated
  by the Environmental Protection Agency (EPA) as a
  product that must contain recycled content and
• More than 10,000 is spent in the preceding year
  on the designated product and
• At least part of the monies spent on that product
  are appropriated with federal funds.
• From the Solid Waste Management Coordinating
  Board, which serves six counties in Minnesota
  www.swmcb.org/EPPG/App_A.asp

13
Executive Order 91

• Applies to state agencies and instrumentalities
  probably not directly applicable to local
  governments and school districts
• Deals with purchase of products with percentage
  of recycled content
• Requires program coordinator
• Requires contracts which support use of specified
  recycled materials
• Not well enforced
• Draft new order would bring into line with
  Executive Order 13101 and require EPP
  considerations as well as recycled content.

• Requires purchase of following where
  competitively priced, i.e. usually within 10 of
  virgin counterpart
• Recycled paper products of comparable quality,
  when purchase is competitive
• Compost, mulch, other soil amendments from
  recycled sources
• Re-refined motor oil
• Retreaded, remolded or remanufactured tires
• Other assorted recycled building/construction
  materials

14
New Jersey Recycling Act

• Enables the Department of Treasury to review and
  modify bid specifications to encourage maximum
  purchase of recycled paper/non-paper recycled
  products. NJSA 131E-99.24
• Directs the Department of Treasury to make
  contracts available to state agencies, counties,
  municipalities, or school districts for
  competitively priced recycled paper
  products/other recycled products. NJSA
  131E-99.25 NJSA 131E-99.27a.

• Directs the Division of Local Government Services
  in DCA to permit cooperative purchase of recycled
  paper products and cooperative marketing of
  recyclable materials by school districts or
  counties, municipalities or authorities. NJSA
  131E-99.26. Cf. NJSA 40A11-5(1)(aa).
• Sets numerical goals for purchase of recycled
  paper products by the State. NJSA 131E-99.27.