Products containing recovered materials
Federal contracts for EPA-designated items exceeding $10,000 must prioritize products with recovered materials and comply with agency affirmative procurement programs, including certification and reporting requirements.
Overview
FAR 23.107-1 establishes requirements for federal agencies and contractors regarding the procurement of products containing recovered materials, as mandated by the Resource Conservation and Recovery Act (RCRA) and implemented through EPA's Comprehensive Procurement Guidelines (CPG). The regulation applies to contract actions involving EPA-designated items when the price or aggregate annual purchases exceed $10,000. Agencies must establish affirmative procurement programs that include preference and promotion of recovered materials, certification and estimation procedures, annual reviews, and guidance for micro-purchases. Agencies are required to purchase products with the highest practicable recovered material content unless justified otherwise, and must update procurement programs within one year of new EPA designations. Contracting officers and contractors must ensure compliance with content standards, certification, and reporting requirements.