This information collection complies with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). RCRA requires the Environmental Protection Agency (EPA) to designate items which are or can be produced with recovered materials. RCRA further requires agencies to develop affirmative procurement programs to ensure that items composed of recovered materials will be purchased to the maximum extent practicable. Affirmative procurement programs required under RCRA must contain, as a minimum, (1) a recovered materials preference program and an agency promotion program for the preference program; (2) a program for requiring estimates of the total percentage of recovered materials used in the performance of a contract, certification of minimum recovered material content actually used, where appropriate, and reasonable verification procedures for estimates and certifications; and (3) annual review and monitoring of the effectiveness of an agency's affirmative procurement program.
The items for which EPA has designated minimum recovered material content standards are grouped into eight categories: (1) construction products, (2) landscaping products, (3) nonpaper office products, (4) paper and paper products, (5) park and recreation products, (6) transportation products, (7) vehicular products, and (8) miscellaneous products. The FAR rule also permits agencies to obtain pre-award information from offerors regarding the content of items which the agency has designated as requiring minimum percentages of recovered materials.
In accordance with RCRA, the information collection applies to acquisitions requiring minimum percentages of recovered materials, when the price of the item exceeds $10,000 or when the aggregate amount paid for the item or functionally equivalent items in the preceding fiscal year was $10,000 or more.
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A reassessment of the recovered material provision, FAR 52.223-4, and clause, FAR 52.223-9, was preformed. Based on the comprehensive reassessment performed, this information collection resulted in a small increase in the total burden hours from the previous information collection that was published in the Federal Register at 76 FR 40368 on July 08, 2011. The increase is likely a result of increased awareness about green purchasing across the Federal Government. The Federal Procurement Data System (FPDS) was searched to determine the use of the provision and clause using element 8L Recovered Materials/Sustainability for Fiscal Year 2013. No public comments were received in prior years that have challenged the validity of the Government's estimate. Updates were made to the average wages and overhead based on Fiscal Year 2013 Office of Personnel Management and Office of Management and Budget rates.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
9000-0134 Supporting Statement.docx
Environmentally Sound Products - FAR Sections Affected: 23.406, 52.223-4, & 52.223-9