EXECUTIVE
ORDER
EO 12873
Effective Date: October 20, 1993

Responsible Office: Office of Management Systems
Subject: FEDERAL ACQUISITION, RECYCLING, AND WASTE PREVENTION

				TEXT

WHEREAS, the Nation's interest is served when the Federal
Government can make more efficient use of natural resources by
maximizing recycling and preventing waste wherever possible;

WHEREAS, this Administration is determined to strengthen the role
of the Federal Government as an enlightened, environmentally
conscious and concerned consumer;

WHEREAS, the Federal Government should -- through cost-effective
waste prevention and recycling activities -- work to conserve
disposal capacity, and serve as a model in this regard for
private and other public institutions; and

WHEREAS, the use of recycled and environmentally preferable
products and services by the Federal Government can spur private
sector development of new technologies and use of such products,
thereby creating business and employment opportunities and
enhancing regional and local economies and the national economy;

NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority vested in
me as President by the Constitution and the laws of the United
States of America, including the Solid Waste Disposal Act, Public
Law 89-272, 79 Stat. 997, as amended by the Resource Conservation
and Recovery Act ("RCRA") Public Law 94-580, 90 Stat. 2795 as
amended (42 U.S.C. 6901-6907), and section 301 of title 3, United
States Code, hereby order as follows:

PART 1 -- PREAMBLE

Section 101.  Consistent with the demands of efficiency and cost
effectiveness, the head of each Executive agency shall
incorporate waste prevention and recycling in the agency's daily
operations and work to increase and expand markets for recovered
materials through greater Federal Government preference and
demand for such products.

Sec. 102.  Consistent with policies established by Office of
Federal Procurement Policy ("OEPP") Policy Letter 92-4, agencies
shall comply with executive branch policies for the acquisition
and use of environmentally preferable products and services and
implement cost-effective procurement preference programs favoring
the purchase of these products and services.

Sec. 103.  This order creates a Federal Environmental Executive
and establishes high-level Environmental Executive positions
within each agency to be responsible for expediting the
implementation of this order and statues that certain to this
order.

PART 2 -- DEFINITIONS

For purposes of this order:

Sec. 201.  "Environmentally preferable" means products or
services that have a lesser or reduced effect on human health and
the environment when compared with competing products or services
that serve the same purpose.  This comparison may consider raw
materials acquisition, production, manufacturing, packaging,
distribution, reuse, operation, maintenance, or disposal of the
product or service.

Sec. 202.  "Executive agency" or "agency" means an Executive
agency as defined in 5 U.S.C. 105.  For the purpose of this
order, military departments, as defined in 5 U.S.C. 102, are
covered under the auspices of the Department of Defense.

Sec. 203. "Postconsumer material" means a material or finished
product that has served its intended use and has been discarded
for disposal or recovery, having completed its life as a consumer
item.  "Postconsumer material" is a part of the broader category
of recovered material".

Sec. 204.  "Acquisition" means the acquiring by contract with
appropriated funds for supplies or services (including
construction) by and for the use of the Federal Government
through purchase or lease, whether the supplies or services are
already in existence or must be created, developed, demonstrated
and evaluated.  Acquisition begins at the point when agency needs
are established and includes the description of requirements to
satisfy agency needs, solicitation and selection of sources,
award of contracts, contract financing, contract performance,
contract administration and those technical and management
functions directly related to the process of fulfilling agency
needs by contract.

Sec. 205.  "Recovered materials" means waste materials and by-
products which have been recovered or diverted from solid waste,
but such term does not include those materials and by-products
generated from, and commonly reused within, an original
manufacturing process (42 U.S.C. 6903 (19)).

Sec. 206. "Recyclability" means the ability of a product or
material to be recovered from, or otherwise diverted from, the
solid waste stream for the purpose of recycling.


Sec. 207.  "Recycling" means the series of activities, including
collection, separation, and processing, by which products or
other materials are recovered from the solid waste stream for use
in the form of raw materials in the manufacture of new products
other than fuel for producing heat or power by combustion.

Sec. 208.  "Waste prevention," also known as "source reduction,"
means any change in the design, manufacturing, purchase or use of
materials or products (including packaging) to reduce their
amount of toxicity before they become municipal solid waste. 
Waste prevention also refers to the reuse of products or
materials.

Sec. 209. "Waste reduction" means preventing or decreasing the
amount of waste being generated through waste prevention,
recycling, or purchasing recycled and environmentally preferable
products.

Sec. 210. "Life Cycle Cost" means the amortized annual cost of a
product, including capital costs, installation costs, operating
costs, maintenance costs and disposal costs discounted over the
lifetime of the product.

Sec. 211. "Life Cycle Analysis" means the comprehensive
examination of a product's environmental and economic effects
throughout its lifetime including new material extraction,
transportation, manufacturing, use, and disposal.

PART 3 -- THE ROLE OF THE FEDERAL ENVIRONMENTAL EXECUTIVE AND
AGENCY ENVIRONMENTAL EXECUTIVES

Sec. 301.  Federal Environmental Executive. (a) A Federal
Environmental Executive shall be designated by the President and
shall be located within the Environmental Protection Agency
("EPA").  The Federal Environmental Executive shall take all
actions necessary to ensure that the agencies comply with the
requirements of this order and shall generate an annual report to
the Office of Management and Budget ("OMB"), at the time of
agency budget submissions, on the actions taken by the agencies
to comply with the requirements of this order.  In carrying out
his or her functions, the Federal Environmental Executive shall
consult with the Director of the White House Office on
Environmental Policy.

     (b) Staffing.  A minimum of four (4) full time staff persons
     are to be provided by the agencies listed below to assist
     the Federal Environmental Executive, one of whom shall have
     experience in specification review and program requirements,
     one of whom shall have experience in procurement practices,
     and one of whom shall have experience in solid waste
     prevention and recycling.  These four staff persons shall be
     appointed and replaced as follows:

     (1) a representative from the Department of Defense shall be
detailed for not less than one year and no more than two years;

     (2) a representative from the General Services
Administration ("GSA") shall be detailed for not less than one
year and no more than two years; 

     (3) a representative from EPA shall be detailed for not less
than one year and no more than two years; and

     (4) a representative from one other agency determined by the
Federal Environmental Executive shall be detailed on a rotational
basis for not more than one year.

     (c) Administration. Agencies are requested to make their 
     services, personnel and facilities available to the Federal
     Environmental Executive to the maximum extent practicable
     for the performance of functions under this order.

     (d) Committees and Work Groups.  The Federal Environmental 
     Executive shall establish committees and work groups to
     identify, assess, and recommend actions to be taken to
     fulfill the goals, responsibilities, and initiatives of the
     Federal Environmental Executive.  As these committees and
     work groups are created, agencies are requested to designate
     appropriate personnel in the areas of procurement and
     acquisition, standards and specifications, electronic
     commerce, facilities management, waste prevention, and
     recycling, and others as needed to staff and work on the
     initiatives of the Executive.

     (e) Duties.  The Federal Environmental Executive, in
     consultation with the Agency Environmental Executives,
     shall:

     (1) identify and recommend initiatives for government-wide
implementation that will promote the purposes of this order,
including:

     (A) the development of a federal plan for agency
     implementation of this order and appropriate incentives to
     encourage the acquisition of recycled and environmentally
     preferable products by the Federal Government;

     (B) the development of a federal implementation plan and 
     guidance for instituting economically efficient waste
     prevention, energy and water efficiency programs, and
     recycling programs within each agency; and 

     (C) the development of a plan for making maximum use of 
     available funding assistance programs;

     (2) collect and disseminate information electronically
concerning methods to reduce waste, materials that can be
recycled, costs and savings associated with waste prevention and
recycling, and current market sources of products that are
environmentally preferable or produced with recovered materials;

     (3) provide guidance and assistance to the agencies in
setting up and reporting on agency programs and monitoring their
effectiveness; and 

     (4) coordinate appropriate government-wide education and
training programs for agencies.

Sec. 302. Agency Environmental Executives.  Within 90 days after
the effective date of this order, the head of each Executive
department and major procuring agency shall designate an Agency
Environmental Executive from among his or her staff, who serves
at a level no lower than at the Deputy Assistant Secretary level
or equivalent.  The Agency Environmental Executive will be
responsible for:

     (a) coordinating all environmental programs in the areas of
     procurement and acquisition, standards and specification
     review, facilities management, waste prevention and
     recycling, and logistics;

     (b) participating in the interagency development of a
     Federal plan to:

     (1) create an awareness and outreach program for the private
sector to facilitate markets for environmentally preferable and
recycled products and services, promote new technologies, improve
awareness about federal efforts in this area, and expedite agency
efforts to procure new products identified under this order;

     (2) establish incentives, provide guidance and coordinate
appropriate educational programs for agency employees; and

     (3) coordinate the development of standard agency reports
required by this order;

     (c) reviewing agency programs and acquisitions to ensure 
     compliance with this order.

PART 4 -- ACQUISITION PLANNING AND AFFIRMATIVE PROCUREMENT
PROGRAMS

Sec. 401.  Acquisition Planning.  In developing plans, drawings,
work statements, specifications, or other product descriptions,
agencies shall consider the following factors:  elimination of
virgin material requirements; use of recovered materials; reuse
of product, life cycle cost; recyclability; use of
environmentally preferable products; waste prevention (including
toxicity reduction or elimination); and ultimate disposal, as
appropriate.  These factors should be considered in acquisition
planning for all procurements and in the evaluation and award of
contracts, as appropriate.  Program and acquisition managers
should take an active role in these activities.

Sec. 402.  Affirmative Procurement Programs.  The head of each
Executive agency shall develop and implement affirmative
procurement programs in accordance with RCRA section 6002 (42
U.S.C. 6962) and this order.  Agencies shall ensure that
responsibilities for preparation, implementation and monitoring
of affirmative procurement programs are shared between the
program personnel and procurement personnel.  For the purposes of
all purchases made pursuant to this order, EPA, in consultation
with such other Federal agencies as appropriate, shall endeavor
to maximize environmental benefits, consistent with price,
performance and availability considerations, and shall adjust bid
solicitation guidelines as necessary in order to accomplish this
goal.
     (a) Agencies shall establish affirmative procurement
     programs for all designated EPA guideline items purchased by
     their agency.  For newly designated items, agencies shall
     revise their internal programs within one year from the date
     EPA designated the new items.

     (b) For the currently designated EPA guideline items, which
     are: (i) concrete and cement containing fly ash; (ii)
     recycled paper products; (iii) re-refined lubricating oil;
     (iv) retread tires; and (v) insulation containing recovered
     materials; and for all future guideline items, agencies
     shall ensure that their affirmative procurement programs
     require that 100 percent of their purchases of products meet
     or exceed the EPA guideline standards unless written
     justification is provided that a product is not available
     competitively within a reasonable time frame, does not meet
     appropriate performance standards, or is only available at
     an unreasonable price.

     (c) The Agency Environmental Executives will track agencies'
     purchases of designated EPA guideline items and report
     agencies' purchases of such guideline items to the Federal
     Environmental Executive.  Agency Environmental Executives
     will be required to justify to the Federal Environmental
     Executive as to why the item(s) have not been purchased or
     submit a plan for how the agencies intend to increase their
     purchases of the designated item(s).

     (d) Agency affirmative procurement programs, to the maximum
     extent practicable, shall encourage that:

     (1)  documents be transferred electronically,
     (2)  all governments documents printed internally be printed
          double-sided, and
     (3)  contracts, grants, and cooperative agreements issued
          after the effective date of this order include
          provisions that require documents to be printed double-
          sided on recycled paper meeting or exceeding the
          standards established in this order or in future EPA
          guidelines.

Sec. 403.  Procurement of Existing Guideline Items.  Within 90
days after the effective date of this order, the head of each
Executive agency that has not implemented an affirmative
procurement program shall ensure that the affirmative procurement
program has been established and is being implemented to the
maximum extent practicable.

Sec. 404.  Electronic Acquisition System.  To reduce waste by
eliminating unnecessary paper transactions in the acquisition
process and to foster accurate data collection and reporting of
agencies' purchases of recycled content and environmentally
preferred products, the executive branch will implement an
electronic commerce system consistent with the recommendations
adopted as a result of the National Performance Review.

PART 5 -- STANDARDS, SPECIFICATIONS AND DESIGNATION OF ITEMS

Sec. 501.   Specifications, Product Descriptions and Standards. 
Where applicable, Executive agencies shall review and revise
federal and military specifications, product descriptions and
standards to enhance Federal procurement of products made from
recovered materials or that are environmentally preferable.  When
converting to a Commercial Item Description (CID), agencies shall
ensure that environmental factors have been considered and that
the CID meets or exceeds the environmentally preferable criteria
of the government specification or product description.  Agencies
shall report annually on their compliance with this section to
the Federal Environment Executive for incorporation into the
annual report to OMB referred to in section 301 of this order.

     (a) If an inconsistency with RCRA Section 6002 or this order
     is identified in a specification, standard, or product
     description, the Federal Environmental Executive shall
     request that the Environmental Executive of the pertinent
     agency advise the Federal Environmental Executive as to why
     the specification cannot be revised or submit a plan for
     revising it within 60 days.

     (b) If an agency is able to revise an inconsistent
     specification but cannot do so within 60 days, it is the
     responsibility of that agency's Environmental Executive to
     monitor and implement the plan for revising it.

Sec. 502.  Designation of Items that Contain Recovered Materials.

In order to expedite the process of designating items that are or
can be made with recovered materials, EPA shall institute a new
process for designating these items in accordance with RCRA
section 6002(e) as follows.  (a) EPA shall issue a Comprehensive
Procurement Guideline containing designated items that are or can
be made with recovered materials.

     (1) The proposed guideline shall be published for public
comment in the Federal Register within 180 days after the
effective date of this order and shall be updated annually after
publication for comment to include additional items.

     (2) Once items containing recovered materials have been
designated by EPA through the new process established pursuant to
this section and in compliance with RCRA section 6002, agencies
shall modify their affirmative procurement programs to require
that, to the maximum extent practicable, their purchases of
products meet or exceed the EPA guideline standards unless
written justification is provided that a product is not available
competitively, not available within a reasonable time frame, does
not meet appropriate performance standards, or is only available
at an unreasonable price.

     (b) Concurrent with the issuance of the Comprehensive
     Procurement Guideline required by section 502(a) of this
     order, EPA shall publish for public comment in the Federal
     Register Recovered Material Advisory Notice(s) that present
     the range of recovered material content levels within which
     the designated recycled items are currently available. 
     These levels shall be updated periodically after publication
     for comment to reflect changes in market conditions.

Sec. 503.  Guidance for Environmentally Preferable Products.  In
accordance with this order, EPA shall issue guidance that
recommends principles that Executive agencies should use in
making determinations for the preference and purchase of
environmentally preferable products.

     (a) Proposed guidance shall be published for public comment
     in the Federal Register within 180 days after the effective
     date of this order, and may be updated after public comment,
     as necessary, thereafter.  To the extent necessary, EPA may
     issue additional guidance for public comment on how the
     principles can be applied to specific product categories.

     (b) Once final guidance for environmentally preferable
     products has been issued by EPA, Executive agencies shall
     use these principles, to the maximum extent practicable, in
     identifying and purchasing environmentally preferable
     products and shall modify their procurement programs by
     reviewing and revising specifications, solicitation
     procedures, and policies as appropriate.

Sec. 504. Minimum Content Standard for Printing and Writing
Paper.  Executive agency heads shall ensure that agencies shall
meet or exceed the following minimum materials content standards
when purchasing or causing the purchase of printing and writing
paper:

     (a) For high speed copier paper, offset paper, forms bond,
     computer printout paper, carbonless paper, file folders,
     white woven envelopes, the minimum content standard shall be
     no less than 20 percent postconsumer materials beginning
     December 31, 1994.  This minimum content standard shall be
     increased to 30 percent beginning on December 31, 1998.

     (b) For other uncoated printing and writing paper, such as
     writing and office paper, book paper, cotton fiber paper,
     and cover stock, the minimum content standard shall be 50
     percent recovered materials, including 20 percent
     postconsumer materials beginning on December 31, 1994.  This
     standard shall be increased to 30 percent beginning on
     December 31, 1998.

     (c) As an alternative to meeting the standards in sections
     504(a) and (b), for all printing and writing papers, the
     minimum content standard shall be no less than 50 percent
     recovered materials that are a waste material byproduct of a
     finished product other than a paper or textile product which
     would otherwise be disposed of in a landfill, as determined
     by the State in which the facility is located.

     (1) The decision not to procure recycled content printing
and writing paper meeting the standards specified in this section
shall be based solely on a determination by the contracting
officer that a satisfactory level of competition does not exist,
that the items are not available within a reasonable time period,
or that the available items fail to meet reasonable performance
standards established by the agency or are only available at an
unreasonable price.

     (2) Each agency should implement waste prevention
techniques, as specified in section 402(d) of this order, so that
total annual expenditures for recycled content printing and
writing paper do not exceed current annual budgets for paper
products as measured by average annual expenditures, adjusted for
inflation based on the Consumer Price Index or other suitable
indices.  In determining a target budget for printing and writing
paper, agencies may take into account such factors as employee
increases or decreases, new agency or statutory initiatives, and
episodic or unique requirements (e.g., census).

     (3) Effective immediately, all agencies making solicitations
for the purchase of printing and writing paper shall seek bids
for paper with postconsumer material or recovered waste material
as described in section 504(c).

Sec. 505.  Revision of Brightness Specifications and Standards. 
The General Services Administration and other Federal agencies
are directed to identify, evaluate and revise or eliminate any
standards or specifications unrelated to performance that present
barriers to the purchase of paper or paper products made by
production processes that minimize emissions of harmful
byproducts.  This evaluation shall include a review of
unnecessary brightness and stock clause provisions, such as
lignin content and chemical pulp requirements.  The GSA shall
complete the review and revision of such specifications within
six months after the effective date of this order, and shall
consult closely with the Joint Committee on Printing during such
process.  The GSA shall also compile any information or market
studies that may be necessary to accomplish the objectives of
this provision.

Sec. 506.  Procurement of Re-refined Lubricating Oil and Retread
Tires.  Within 180 days after the effective date of this order,
agencies shall implement the EPA procurement guidelines for re-
refined lubricating oil and retread tires.

     (a) Commodity managers shall finalize revisions to
     specifications for re-refined oil and retread tires, and
     develop and issue specifications for tire retreading
     services, as commodity managers shall take affirmative steps
     to procure these items in accordance with RCRA section 6002.

     (b) Once these items become available, fleet managers shall
     take affirmative steps to process these items in accordance
     with RCRA section 6002.

Sec. 507.  Product Testing.  The Secretary of Commerce, through
the National Institute of Standards and Technology ("NIST"),
shall establish a program for testing the performance of products
containing recovered materials or deemed to be environmentally
preferable.  NIST shall work with EPA, GSA and other public and
private sector organizations that conduct appropriate life cycle
analyses to gather information that will assist agencies in
making selections of products and services that are
environmentally preferable.

     (a) NIST shall publish appropriate reports describing
     testing programs, their results, and recommendations for
     testing methods and related specifications for use by
     Executive agencies and other interested parties.

     (b) NIST shall coordinate with other Executive and State 
     agencies to avoid duplication with existing testing
     programs.

PART 6--AGENCY GOALS AND REPORTING REQUIREMENTS

Sec. 601.  Goals for Waste Reduction.  Each agency shall
establish a goal for solid waste prevention and a goal for
recycling to be achieved by the year 1995.  These goals shall be
submitted to the Federal Environmental Executive within 180 days
after the effective data of this order.  Progress on attaining
these goals shall be reported by the agencies to the Federal
Environmental Executive for the annual report specified in
section 301 of this order.

Sec. 602.  Goal for Increasing the Procurement of Recycled and
Other Environmentally Preferable Products.  Agencies shall strive
to increase the procurement products that are environmentally
preferable or that are made with recovered materials and set
annual goals to maximize the number of recycled products
purchased, relative to non-recycled alternatives.

Sec. 603.  Review of Implementation.  The President's Council on
Integrity and Efficiency ("PCIE") will request that the
Inspectors General periodically review agencies' affirmative
procurement programs and reporting procedures to ensure their
compliance with this order.

PART 7 -- APPLICABILITY AND OTHER REQUIREMENTS

Sec. 701.   Contractor Operated Facilities.  Contracts that
provide for contractor operation of a government-owned or leased
facility, awarded after the effective date of this order, shall
include provisions that obligate the contractor to comply with
the requirements of this order within the scope of its
operations.  In addition, to the extent permitted by law and
where economically feasible, existing contracts should be
modified.

Sec. 702.  Real Property Acquisition and Management.  Within 90
days after the effective date of this order, and to the extent
permitted by law and where economically feasible, Executive
agencies shall ensure compliance with the provisions of this
order in the acquisition and management of federally owned and
leased space.  GSA and other Executive agencies shall also
include environmental and recycling provisions in the acquisition
of all leased space and in the construction of new federal
buildings.

Sec. 703.  Retention of Funds.  Within 90 days after the
effective date of this order, the Administrator of GSA shall
develop a legislative proposal providing authority for Executive
agencies to retain a share of the proceeds from the sale of
materials recovered through recycling or waste prevention
programs and specifying the eligibility requirements for the
materials being recycled.

Sec. 704.  Model Facility Programs.  Each Executive department
and major procuring agency shall establish model facility
demonstration programs that include comprehensive waste
prevention and recycling programs and emphasize the procurement
of recycled and environmentally preferable products and services
using an electronic data interchange (EDI) system.

Sec. 705.  Recycling Programs.  Each Executive agency that has
not already done so shall initiate a program to promote cost
effective waste prevention and recycling of reusable materials in
all of its facilities.  The recycling programs implemented
pursuant to this section must be compatible with applicable State
and local recycling requirements.  Federal agencies shall also
consider cooperative ventures with State and local governments to
promote recycling and waste reduction in the community.

PART 8 -- AWARENESS

Sec. 801.  Agency Awards Program.  A government-wide award will
be presented annually by the White House to the best, most
innovative program implementing the objectives of this order to
give greater visibility to these efforts so that they can be
incorporated government-wide.

Sec. 802.  Internal Agency Awards Programs.  Each agency shall
develop an internal agency-wide awards program, as appropriate,
to reward its most innovative environmental programs.  Winners of
agency-wide awards will be eligible for the White House award
program.

PART 9 -- REVOCATION, LIMITATION AND IMPLEMENTATION

Sec. 901.  Executive Order No. 12780, dated October 31, 1991, is
hereby revoked.

Sec. 902.  This order is intended only to improve the internal
management of the executive branch and is not intended to create
any right or benefit, substantive or procedural, enforceable at
law by a party against the United States, its agencies, its
officers, or any other person.

Sec. 903.  The policies expressed in this order, including the
requirements and elements for effective agency affirmative
procurement programs, shall be implemented and incorporated in
the Federal Acquisition Regulation (FAR) within 180 days after
the effective date of this order.  The implementation language
shall consist of providing specific direction and guidance on
agency programs for preference, promotion, estimation,
certification, reviewing and monitoring.

Sec. 904.  This order shall be effective immediately.

                              /s/William J. Clinton


THE WHITE HOUSE,
October 20, 1993.
			

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