E-Commerce Policies for Hq

To establish policies for the use of the Strategic Integrated Procurement Enterprise System (referred to as "STRIPES"). These policies supplement the DOE policies for the use of the Government Purchase Card. In the event of any inconsistencies between these policies and the Federal Acquisition Regulation (FAR) Parts 3, 8 and 13, the inconsistency will be resolved in favor of (1) the FAR and (2) these policies.

STRIPES provides DOE with a means to simplify its small purchase procedures and improve its cash management by:

Offering an alternative to the use of paper purchase orders and imprest funds;
Streamlining the acquisition process by reducing paperwork, improving lead times and expediting Contractor payments;
Reducing the administrative costs associated with small purchases;
Providing greater and more detailed statistical data an an audit trail as an aid in managing purchasing activities.

All purchases using these policies shall be executed using STRIPES.

Definitions

The following definitions are to be used in connection with these policies:

a. Administrative Office is the office with oversight responsibility of the STRIPES program.

b. Head of the Contracting Activity (HCA) means the official in charge of the purchasing function for a contracting activity. As used in these policies, this is the Director, Office of Headquarters Procurement Services, or his designee.

c. Single Purchase Limit is identified on the Certificate of Appointment (SF-1402) issued to each STRIPES user by the HCA.

d. Notice to Limitations and Conditions is a formal written notice of limitations and conditions that is issued by the HCA, or designee, to STRIPES buyers. This notice specifies the dollar limitations and conditions applicable to STRIPES purchases made by that individual.

e. STRIPES Lead Buyers are designated individuals that award all best value procurement and those procurements exceeding an individual buyer's purchase limit, and will assist in resolving disputes.

f. STRIPES Buyers are individuals with properly issued warrants by the HCA who actually issue solicitations and purchase/delivery orders using STRIPES.

g. STRIPES User is anyone who has received instructions on how to use STRIPES. This can include requisitioners, approvers, financial managers, and STRIPES buyers.

Responsibilities of the HCA

The HCA or designee will:

(1) Designate a Contracting Officer's Representative (COR) who will serve as the program coordinator.

(2) Ensure that purchasing authority is delegated to STRIES users.

(3) Establish a single purchase limit by Certificate of Appointment (SF-1402) for each STRIPES buyer.

(4) Establish and maintain written local procedures for use of STRIPES consistent with the procurement regulations. This will include the establishment of procedures to ensure the physical security and proper use of STRIPES.

(5) Ensure that training on the use of STRIPES and related responsibilities are developed and provided to STRIPES buyers and other appropriate personnel.

Responsibilities of the Buyer

The STRIPES buyer will:

(1) Not acquire goods or services from vendors on the Excluded Parties List System (http://epls.arnet.gov ). See What is Debarment and Suspension? herein.

(2) Certify that the quantity and quality of the items/services furnished are in accordance with the agreement and specifications (verbal or written) with the vendor prior to approving invoices.

(3) Ensure that line items on purchase or delivery orders have an associated Certification of Funds Availability (CFA) number that evidences the proper obligation of funds (performed automatically when purchase/delivery orders are issued).

(4) Comply with the requirements of FAR Part 8 entitled "Required Sources of Supplies and Services," and Part 13 entitled "Simplified Acquisition Procedures" when making purchases using the DOE/C-Web System as well as these procedures.

(5) Review the list of products and services available on the Complex Wide Strategic Sourcing website and satisfy any requirements for such products and services by using the appropriate strategic sourcing instrument prior to initiation of any new instrument for the same products or services.

(6) Maintain physical security of STRIPES at all times. STRIPES users must not allow unauthorized use of STRIPES. A violation of this trust may require that STRIPES access be denied and with the possibility of subsequent disciplinary action.

(7) Not "split" purchases in order to fall within the single purchase limit. If a purchase would exceed a STRIPES buyer's single purchase limit, the purchase must be accomplished using other acquisition procedures, as appropriate.

(8) Ensure compliance with property requirements as set forth in Section 7 of this document.

(9) Comply with monetary limits as set forth on the Certificate of Appointment (SF-1402) or the Notice of Limitations and Conditions.

(10) Comply with DOE Order 541.1B dated 4/21/04 entitled "Appointment of Contracting Officers and Contracting Officer Representatives."

(11) Complete Annual Financial Disclosure Report (OGE 450) or Executive Branch Public Financial Disclosure report (SF-278) and complete the annual online Ethics Trainingor equivalent which is approved by GC-77.

(12) Ensure that notification is provided to the Contracting Activity Program Coordinator, Bev McCloskey, MA-64.1, (202) 287-1485 when separating from DOE employment or transferring from one Program Office to another within DOE.

Responsibilities of the Approving Official

The Approving Official will:

(1) Ensure that each STRIPES user has a copy of the Policies and Operating Procedures and understands the requirements.

(2) Review and approve proposed STRIPES purchases, except those having prior authorization.

Responsibilities of the Finance Office

The Finance Office will:

(1) Review and reconcile all invoices submitted by the Contractor.

(2) Ensure that payments to the Contractor are made in accordance with the Prompt Payment Act and the Prompt Pay Regulations at 5 CFR 1315.

(3) Assure all payments meet the requirements of applicable law and regulations, including determining the availability of appropriations as to purpose for items purchased.

Purchasing Authority

Each STRIPES buyer must have purchasing authority evidenced by a Contracting Officer's Certificate of Appointment (SF-1402) warrant. This authority allows the buyer to use STRIPES to purchase goods and services within the established single purchase limit specified on the face of the warrant. Warrants may contain authorities and single purchase limits for both a Purchase Card and STRIPES. The Purchase Card limit shall be observed anytime the Purchase Card is used (including in connection with STRIPES). STRIPES limit shall be observed whenever STRIPES is used without the use of the Purchase Card.

QualificationsFederal Acquisition Regulation (FAR) Subsection 1.603-3, Appointment, states that Contracting Officers shall be appointed, in writing, on a Certificate of Appointment (SF-1402) stating any limitations on the scope of authority to be exercised. The SF-1402 shall be used to evidence qualifications the Contracting Officer must possess for appointment and assignment of STRIPES authority as follows:

(a) Micro-Purchase Threshold (single purchase limit of $3,000): In accordance with DOE Order 361.1A, Chapter VII, Contracting Officer/Contracting Officer Representative Training Requirements, the following experience and qualifications apply:

· Experience: None

· Training:

Seminar on Purchase Card Program arranged by the local Purchase Card Coordinator.
General Services Administration (GSA) Online SmartPay training course
Online Affirmative Procurement Training (1/2 hour)

(b) Above the Micro-Purchase Threshold (single purchase limit of $3,000 up to $25,000):

Minimum Experience and Training:

At least 6 months of Government purchase card and electronic purchasing procedures for micro-purchases; or
1-year of experience as a Government Contracting Officer's Reprsentative (COR)
CON 237 – Simplified Acquisition Fundamentals, or equivalent.
GSA Online SmartPay training course
Online Affirmative Procurement Training
STRIPES Micro-Purchases on-line course at https://olc2.energy.gov (attach a copy of the certificate).

Certified Level I under the Contracting and Purchasing Career Development Program (Purchasing Program).

The Recommendation for Appointment – Electronic Commerce buyer form must be completed, signed by the nominated STRIPES buyer's immediate supervisor and forwarded to Bev McCloskey, MA-64.1, 950 L'Enfant Plaza, Room 8096.

Following review and concurrence of the Recommendation for Appointment, the STRIPES buyer will receive a Certificate of Appointment (SF-1402).

The Certificate of Appointment (SF-1402) is required for all STRIPES buyers (contracting officers) exercising purchasing authority.

For Approving Officials the mandatory training requirement is as follows:

GSA Online SmartPay training course
On-line Affirmative Procurement Training
STRIPES Reviewer and Approver on-line course at https://olc2.energy.gov/ (attach a copy of the certificate).

Conditions for Using STRIPES

STRIPES will be used for purchases that meet the dollar and activity limits authorized on STRIPES. Purchases accomplished using STRIPES must meet the following conditions:

(a) The total of a single purchase may comprise multiple items and cannot exceed the authorized single purchase limit stated in the individual Certificate of Appointment (SF-1402) or the Notice of Limitations and Conditions.

(b) All purchases accomplished using STRIPES will be in accordance with Part 8, "Required Sources of Supplies and Services" and Part 13, "Simplified Acquisition Procedures" of the Federal Acquisition Regulation (FAR) and these Policies and Operating Procedures also referenced on each Certificate of Appointment (SF-1402).

(c) The supplies or services must be received prior to authorizing payment.

Debarment and Suspension

This is a formal system by which contractors and individuals may be excluded from eligibility for Federal procurement or assistance programs in case of certain serious offences. The Excluded Parties List System is available on the Internet at http://epls.arnet.gov . Purchases are not to made from parties on the list. A merchant's name may be entered to ensure that the merchant is not on the list.

Personal Property Management and Accountability

for Headquarters

Management

Personal property management includes all functions necessary for the proper determination of need, source, acquisition, receipt, accountability, utilization, maintenance, rehabilitation, storage, distribution and disposal of property.

Personal property management requires a lifecycle approach to be effective. There are four major phases in the personal property lifecycle: acquisition, receipt, utilization, and disposal. Each phase has distinct processes and procedures associated with it to maintain proper stewardship of the Department’s assets. If the processes and procedures in one phase are not followed, it makes it difficult to establish and maintain accountability in the subsequent phase. The acquisition phase encompasses the identification of the need to acquire an asset and includes the process of completing the documentation to acquire the asset. Assets can be acquired in many ways. For instance, items are acquired from external organizations (e.g. transfers from other agencies), procurements (e.g. purchase orders or purchase cards), donations, loans, or transfers. Items can also be acquired internally within the Department through reutilization.

The receipt phase includes the delivery and acceptance of personal property assets into the DOE HQ inventory. Receiving can be either centralized or decentralized. At DOE Headquarters delivery and acceptance of personal property is centralized, meaning that property is delivered directly to the warehouse or building loading docks at Forrestal, Cloverleaf, Corporate 270, or 950 and 955 L’Enfant. Decentralized receiving occurs when an item is delivered directly to the end user, thus bypassing controls in place to formally inspect the shipment and record the asset for input into Sunflower. While there are special considerations for each type of receiving process, the decentralized approach is discouraged at DOE Headquarters.

The majority of an asset’s life is spent in the utilization phase. The utilization phase begins when the item is placed in service, or deployed, for use by the intended recipient. During this phase, the asset could be transferred, loaned, repaired, physically inventoried, or used. Each of the areas requires specific procedures to properly process and record the current state of the asset.

The final phase is disposition. A physical disposition occurs when the item is no longer needed by DOE and is available to be transferred to another agency, donated, sold, recycled, or destroyed. When an item is lost, damaged, or destroyed, the item can also be retired from the financial statements, relinquishing the DOE of responsibility for tracking the item.

Accountability

Personal property accountability includes responsibilities for such tasks as:

Presenting personal property for identification and tagging;
ensuring the assets are on the property record and properly assigned;
Securing and maintaining records relating to the assets;
Tracking the movement of assets;
Recording changes in physical condition;
Conducting physical inventories;
Verifying counts;
Reconciling the results for a positive outcome;
Reporting all loss, theft, and damage of assets;
Reutilizing assets when possible; and
Properly disposing of the assets.

Further information is available on:

Prohibitions and Restrictions

STRIPES purchases are subject to the following prohibitions and restrictions:

1. The following are prohibited uses of STRIPES:

(a) Cash Advances;
(b) Rental or lease of land or buildings;
(c) Purchase of ADP software requiring a negotiated license agreement between DOE and the contractor (excludes "shrink wrap" license affixed to commercially available software);
(d) Purchases of food, beverages and other entertainment (except where delegated to the Office of Economic Impact and Diversity and the Office of Human Resources Management for official ethnic awareness events). Prohibited purchases include the following:
· meals, snacks, refreshments, an coffee break items;
· receptions and banquets;
· live or recorded music or artistic performances; and
· recreational facilities, including facilities for the welfare and morale of employees

2. The following items require additional consideration:

(a) STRIPES buyers may purchase audio and visual equipment. However, prior to purchase, coordination shall be obtained from Michael Wolfe, Group Director, Transportation and Travel Group, MA-431, 6-1321.
(b) All Information Technology (IT) equipment and software purchased or leased must be Year 2000 compliant.
(c) All IT equipment purchased or leased must be Energy Star compliant. Specifically, when acquiring microcomputers, monitors, printers, fax machines and copiers, the equipment shall meet the Environmental Protection Agency's Energy Star requirements for energy efficiency (Executive Order 12845).
(d) The Department's position on the use of appropriated funds to purchase employee business cards is provided in the August 12, 1998, memorandum from the Chief Financial Officer. Additional information is provided in the September 3, 1998, memorandum from the Director, Office of Administrative Services.
(e) Paid advertisements in newspapers and trade journals require approval from the HCA or designee. Only Contracting Officers within the Office of Headquarters Procurement Services may acquire paid advertisements in newspapers and trade journals using STRIPES.
(f) The Occupational Health Care Services Program has primary responsibility for providing Headquarters with technical medical support. This includes psychiatric and any mental health evaluation or acquisition of professional opinions concerning mental competency (mental fitness for duty) of an employee. Cardholders in organizations other than the Occupational Health Care Services Program shall not have purchase card authority to acquire medical personnel, services, or independent medical technical evaluators or advisors without documented concurrence from the Occupational Health Care Services Program.
(g) Only the Office of Administration (MA-40) along with the Office of Headquarters Procurement Services is authorized to purchase the goods and services on the following list. STRIPES buyers not assigned to MA-40 are prohibited from purchasing the goods and services listed below:

· Messenger services;
· Package delivery services;
· Lease or purchase of Government vehicles;
· Building alterations;
· Office moves;
· Carpet installation and repair;
· Shuttle bus service;
· Printing jobs;
· Photocopier equipment;
· Furniture and furnishings or the maintenance, repair, rehabilitation, cleaning, or other servicing of said furniture or property;
· All property/equipment at any purchase dollar level. This does not include computers, scanners, printers, off-the-shelf software, fax machines, telephones and pagers.

Single Purchase Dollar Limit

The single purchase dollar limit for an individual STRIPES buyer is cited on each Certificate of Appointment (SF-1402).

Documentation Needed

STRIPES automatically records all aspects of the transaction. Documentation that is provided to you via e-mail or FAX concerning the transaction shall be scanned and placed in the supporting documents section of the STRIPES transaction.

Invoice Approval and Defective Purchases

The Approving Official of the buyer who acquired the goods or services using STRIPES shall approve all invoices. For all non-credit card buys, the buyer shall approve all invoices.

If items purchased with STRIPES are found to be defective, the STRIPES buyer has the responsibility to obtain replacement or correction of the items as soon as possible. If the merchant refuses to replace or correct a faulty item, then the purchase of the item will be considered in dispute. Items in dispute are handled in the same manner as billing errors in that disputed items are reported using a memorandum to the buyer citing the purchase order number, the dollar amount of the purchase and marked as a STRIPES purchase. The memorandum shall give the full details supporting the Government's position and outline the steps taken by the STRIPES buyer/user to resolve the dispute. The Lead Buyer along with the Capital Accounting Center, Accounts Payable Division, CF-11, (GTN, Room C-268) will assist in resolving disputes.

Departing Employees

1. Employees Leaving the Agency

If a STRIPES user's employment is ending (e.g., transfer, resignation, retirement), the STRIPES administrators and the local activity Lead Buyer shall be notified, and all security identification will be canceled for that STRIPES user.

2. Employees Transferring with a DOE Activity

If a STRIPES user transfers within the DOE activity currently assigned, but into another area of responsibility, the STRIPES user will notify the Contracting Activity Program Coordinator (Bev McCloskey, MA-64.1, (202) 287-1485) regarding any changed information (i.e., routing symbol, telephone number, primary and alternate approving official's routing symbol and telephone number). If it is determined that the purchasing methodology should be retained by the STRIPES user, a new setup (user ID) will be established at the beginning of the Fiscal Year, and a new identification will be issued under the new approving official. The old setup will then be inactivated.

Utilization of Small Business

Federal Acquisition Regulation (FAR) Part 19 (see references) prescribes that acquisition of supplies and services of an anticipated dollar value of $3,001 or more and not exceeding $100,000 will be reserved exclusively for small business concerns. Only when there is no reasonable expectation of obtaining the goods or services from two or more responsible small business concerns that will be competitive in terms of market price, quality and delivery, may the purchase be made from a large business. If quotes are not received from small businesses, STRIPES will record the quotes from large businesses and thus automatically provide the documentation necessary to award to other than a small business. The industry size standards are cited in FAR Section 19.102. This section does not apply to GSA Federal Supply Schedule buys.

Competition

STRIPES contracting officers shall promote competition and provide for competition among small businesses (see section entitled "When Should a Buyer Utilize a Small Business) for all STRIPES actions exceeding $3,000. This is the policy of the Government as referenced under FAR Section 6.101. All non-competitive purchases above $3,000 must contain a sole source statement in the electronic documentation. The sole source statement must explain why a particular vendor product/service is unique and why no other product or service would meet the Government's need. In addition, when soliciting only one vendor, the file documentation must contain the reasons why the total price is considered fair and reasonable. All non-competitive purchases above $3,000 under GSA's Federal Supply Schedule program must be electronically routed and approved by the lead buyer (see section entitled "Who are the Program Support Personnel?") prior to purchase.

Micro-purchases

"Micro-purchase" procedures apply to the acquisition of products and services valued at $3,000 and below. Key streamlining features of the micro-purchase program are that (1) purchases may be made without securing competitive quotations if it is determined that the price for the purchase is reasonable; and (2) purchases are exempt from the provisions of the Buy American Act and the small business set-aside provisions of the Small Business Act.

The following requirements apply to micro-purchases:

1. Micro-purchases do not need to be competed. However, non-competitive micro-purchases should be equitably distributed among qualified vendors, i.e., if there are multiple vendors and a recurring requirement, rotate the award among the vendors.

2. The mandatory sources described in the Section entitled "What is a Mandatory Source" of these Policies and Operations Procedures apply to micro-purchases. There are no exemptions and no threshold under which the mandatory source requirements for the Javits-Wagner-O'Day Act Program (JWOD) and Federal Prison Industries apply. In other words, JWOD and Unicor apply equally to purchases of one dollar or a million dollars.

Integrity Requirements

To become familiar with Procurement Integrity Requirements, please read the Procurement Integrity Brochure.

Federal Acquisition Regulation

The Federal Acquisition Regulation (FAR) applies to STRIPES transactions. See especially FAR Section 3.104, FAR Parts 8, 12 and 13. Copies of these parts are easily viewed at http://www.arnet.gov/. DOE Headquarters personnel assigned purchasing authority will consult with the Office of Headquarters Procurement Services for any purchasing questions.

Program Support Personnel

The purchasing and finance offices will provide full program support and assistance to STRIPES users and approving officials. Each of these offices has identified staff members who can assist STRIPES users and resolve problems, which may be encountered. Individuals with purchasing questions can contact the following individuals:

Lead Buyer

Ms. Deborah Black, MA-64.1, (202) 287-1416

Program Coordinator

Mr. Michael Raizen, MA-64.1, (202) 287-1512

Payment Questions

Ms. Lisa Smoot, CF-11, (301) 903-1406

HCA Reviews

The HCA is responsible for the conduct of an effective and efficient acquisition program. Accordingly, STRIPES users and approving officials are responsible for their STRIPES transactions and in accordance with these Policies and Operating Procedures and the references contained herein. The HCA may conduct periodic reviews of STRIPES records to determine the extent of adherence to prescribed procedures, guidelines, policies, regulations, and good management practices, and to identify any needs for improvement, guidance and/or training. For questions, please refer them to the following individuals:

Questions Related to STRIPES

STRIPES-HELPDESK@hq.doe.gov or 3-2500, option 4.

Questions Related to the Purchase Card Program

Ms. Deborah Black, MA-64.1, (202) 287-1416

Questions Related to STRIPES Contracting Officer Authority

Ms. Bev McCloskey, MA-64.1, (202) 287-1485

Tax Exempt Purchases

The Federal Acquisition Regulation (FAR) Section 29.302 entitled "Application of State and Local Taxes to the Government," states that purchases and leases made by the Federal Government are immune from state and local taxation. FAR Section 29.305 entitled "State and Local Tax Exemptions," states that evidence of exemption from state and local taxes includes copies of purchase orders, shipping documents, purchase card imprinted sales slips, paid or acknowledged invoices, or similar documents that identify an agency of the U. S. as the buyer.

To the extent the vendor will not agree to excluding taxes from the purchase price, the purchase should not be executed with that vendor. Competitive purchases will be executed with vendors agreeing to exclude state and local taxes from the purchase.

Mandatory Sources

1. DOE/C-Web purchases are subject to the regulatory requirements contained in FAR Part 8 – "Required Sources of Supply."

2. By law, the Javits-Wagner-O-Day Act Program (Ability One) is a mandatory source program for the Federal Government. The program was established as a result of the passage of the Wagner-O-Day Act of 1938. That Act and subsequent amendments are designed to promote the socioeconomic goal of generating employment and training opportunities for persons who are blind or are otherwise severely disabled. The JWOD program carries the highest socioeconomic priority involving Federal acquisitions in that no other provision of the FAR permits exception to the mandatory nature of JWOD products and services provided by the National Industries for the Blind and NISH nonprofit agencies and only the Federal Prison Industries can override JWOD's priority for products. In addition, the provisions of the Federal Acquisition Streamlining Act of 1994 to not amend the mandate to procure JWOD products and services set forth in the JWOD Act. STRIPES users are prohibited from acquiring supplies equivalent to JWOD items from other sources, including discount office supply stores and firms supplying Federal agencies under consolidated office supply contracts except at provided for at Section 26 below. The Ability One program used the General Services Administration (GSA) as the prime distributor of its office supplies and other common-use items. Therefore, all such mandatory source items must be purchased directly from GSA. Further detailed guidance for the purchase of office supplies follows in Section 26 below entitled "Where Can Office Supplies be Purchased under the Ability One Program."

More information on the JWOD program can be found at the JWOD website at www.jwod.com/. This site also listed JWOD program supplies, many carrying the 'SKILLCRAFT" brand name.

3. Federal Prison Industries (FPI) provides training and employment for prisoners confined in Federal Prison and correctional institutions through the sale of its supplies and services to Federal agencies. DOE/C-Web users are required to purchase those supplies listed in the FPI schedule only from FPI to the extent the supplies are otherwise not prohibited under Section 11 of these procedures.

Purchases under the Ability One Program

High quality office supplies under the JWOD program are available from commercial vendors under GSA's Multiple Award Office Products Next Day Delivery Program. In the case of unusually large orders, you should ask for further quantity discounts. The Office Supply Schedules are available from the following vendors:

· Boise Cascade Office Products
Telephone No. 888-305-3337

· BT Office Products International
Telephone No. 888-862-8674

· Corporate Express Office Products
Telephone No. 800-706-9267

· Office Depot
Telephone No. 888-263-9586

· Staples National Advantage
Telephone No. 800-538-2728

Product schedules are available to STRIPES users by phoning the telephone numbers listed above. It is recommended that STRIPES users obtain product schedules from each of the GSA multiple award vendors. GSA Multiple Award Schedule Program vendors are prohibited from selling commercial products which are essentially the same as JWOD products.

The DOE Headquarters Office Supply Stores are located at Forrestal and Germantown and operated by Paperclips, Inc. DOE Headquarters employees are encouraged to purchase their office supply needs from the on-site stores.

Complex Wide Strategic Sourcing Program Description

There are many Department-wide strategic sourcing instruments that have been awarded for goods and services that are commonly acquired across the DOE complex. These instruments have been awarded in accordance with all applicable Federal and DOE regulations/policies and are available for use by authorized DOE federal and major site and facility contractor personnel. The use of these instruments offers numerous cost, time, and resource benefits, including:

Significant leveraged discounts off GSA or market pricing for commonly acquired goods arid services;

Fast order placement - most orders can be placed in day;

Enhanced socio-economic goal achievement — most awardees are small, disadvantaged, 8(a), service disabled, veteran-owned, etc.

Detailed information on these instruments and other information pertaining to DOE’s Strategic Sourcing Procurement are contained on the website which has been enhanced to be more user-friendly and to provide more detailed information pertaining to these awards, including on-line access to the Statement of Work, item descriptions, contractor size, points of contact, and ordering procedures.

All STRIPES buyers personnel should review the list of products and services available on the website and should satisfy any requirements for such products and services by using the appropriate strategic sourcing instrument prior to initiation of any new instrument for the same products or services. Questions concerning strategic sourcing should be directed to Sandra.Cover@hq.doe.gov or (202)287-1344.

Affirmative Procurement Program

The U.S. Environmental Protection Agency (EPA) is responsible for designating items that are or can be made with recovered materials. EPA-designated items are listed at 40 CFR Part 247, "Comprehensive Guideline for Procurement of Products Containing Recovered Materials" (CPG). Current items are identified in the list that follows (in this section). In addition, EPA's Recovered Materials Advisory Notice (RMAN) provides recovered material content ranges for designated items. EPA's Home Page for this topic is http://www.epa.gov/epaoswer/non-hw/procure/index.htm

One hundred percent of an agency's purchases of EPA-designated items are to contain recovered materials unless written justification is provided that the recycled item does not meet performance, availability, competition, or price criteria.

DOE's Affirmative Procurement Program

The Department's Environmental Executive has issued the U.S. Department of Energy Affirmative Procurement Program for Recovered Materials. This guidance outlines the Department's affirmative procurement program for purchasing EPA-designated items. Extensive information on this program is available on the Internet at http://www.eh.doe.gov/p2/ap/default.htm

On January 11, 2005, the U.S. Department of Agriculture published a final rule to establish a Biobased Preference Program for Federal agencies. A FAR Case to implement this case across the Government has begun. When complete, the Program requirements are expected to be a part of the Affirmative Procurement Program.

The Department of Energy Acquisition Regulation (DEAR), Parts 923 and 970, provide for the acquisition and use of environmentally preferable products and services, including recycled products. It includes a clause for incorporating environmentally preferable purchasing into the Department's facility management contracts.

EPA's Availability Lists

EPA has compiled availability lists for all designated items. These lists do not represent an endorsement by EPA, but rather serve as potential sources of vendors for procurement initiators and contracting officers to consider. EPA's availability lists may be obtained by calling the EPA Hotline at (800) 424-9346, or, for customers in the Washington, DC area, at (703) 412-9810.

Best Practices

Affirmative Procurement Program purchases must be reported. Procedures vary from site to site. If cardholders purchase these items they should consult their Site Recycling Coordinator. In the case of purchases through the GSA Advantage system, if your order from GSA stores stock with your GSA Account (Activity Address Code) GSA will report the purchase. If you order direct from the vendor or create your own order in GSA Advantage, you need to report the purchase. You should also report purchases from Federal Supply Schedule vendors.

Procurement initiators should consider Federal supply sources such as the GSA, the Government Printing Office, and the Defense Supply Center as sources for recycled products. These sources offer products that have been competitively bid, and meet or exceed recycled content and performance standards. EPA-designated items purchased through GSA do not have to be tracked and reported by individual agencies as GSA performs this function.

Procurement initiators should include recycled content requirements in their statements of work/specifications. Contracting officers do not process procurement requests for EPA-designated items without the requisite recycled content unless a justification accompanies the request.

ITEMS LISTED IN EPA'S COMPREHENSIVE PROCUREMENT GUIDELINES

Construction Products

Building insulation products
Carpet
Carpet cushion
Cement and concrete containing
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 made from yard trimmings or food waste
Garden and soaker hoses
Hydraulic mulch
Plastic lumber and landscaping timbers
Lawn and garden edging
Yard trimmings compost

Miscellaneous Products

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

Non-Paper Office Products

Binders, clipboards, file folders, clip portfolios, and presentation folders

Office furniture
Office recycling containers
Office waste receptacles
Plastic desktop accessories
Plastic envelopes
Plastic trash bags
Printer ribbons
Toner cartridges

Paper and Paper Products

Commercial/Industrial sanitary tissue
Miscellaneous papers
Newsprint
Paperboard and packaging products
Printing and writing paper

Park and Recreation Products

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

Transportation Products

Channelizers
Delineators,
Flexible delineators
Parking stops
Traffic barricades
Traffic cones

Vehicular Products

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

Use of Private Sector Temporaries

A temporary help service firm is a private sector entity which quickly provides other organizations with specific services performed by its pool of employees, possessing the appropriate work skills, for brief or intermittent periods. The firm is the legally responsible employer and maintains that relationship during the time its employees are assigned to a client.

Private sector temporaries or outside temporaries are those employees of a temporary help service firm who are supervised and paid by that firm and whom that firm assigns to various client organizations who have contracted for the temporary use of their skills when required.

· Private sector temporaries may be acquired using Government procurement under the provisions of 5 CFR Chapter 1, Subpart E. Regulatory coverage is also set forth in 60 FR 46780, September 8, 1995.

· The regulations allowing use of private sector temporaries apply to competitive service and to Schedule A and B in the excepted service. The regulations may not be used to acquire private sector temporaries for the Senior Executive Service or work of managerial or supervisory positions.

· The cardholder is authorized to order the use of private sector temporaries when one of the following short term situations exist:

An employee is absent for a temporary period because of a personal need including emergency, accident, illness, parental or family responsibilities, or mandatory jury service, but not including vacations or other circumstances not shown to be compelling; or

An agency must carry out work for a temporary period which cannot be delayed because of a critical need. The need cannot be met with current employees or through the direct appointment of temporary employees within the time available by the date and the duration of time help is needed. This determination shall be made in writing and at a minimum must state (1) there are no qualified candidates on the applicants supply file and on the reemployment priority list, (2) there are no qualified disabled veterans with a compensable service-connected disability of 30% or more who are immediately available for temporary appointment for the duration required, and (3) that employees cannot be reassigned or detailed without causing undue delay in their regular work.

The following requirements shall be observed:

· A DOE/C-Web buyer may use a temporary help service firm in a single situation initially for no more than 120 workdays. Provided the situation continues to exist beyond the initial 120 workdays, the cardholder may extend its use of temporary help services up to the maximum limit of 240 workdays.

· An individual employee of any temporary help firm may work at a major organizational element of an agency for up to 120 workdays in 24 month period. The 24-month period begins on the first day of assignment. An agency may make an exception for an individual to work up to a maximum of 240 workdays in a 24 month period only when the agency has determined that using the service of the same individual for the same situation will prevent significant delay.

· Approving Officials are required to maintain records and provide oversight to establish that their use of temporary help service firms is consistent with these requirements. The Office of Personnel Management may require agencies to provide information on their use of temporary help service firms.