The federal government is one of the world’s largest purchasing entities. Excluding purchases by the Department of Defense, it spends almost $300 billion annually through contracts for goods and services. It spends an additional $15 billion in small purchases through its debit card program. The purchases support 60 government agencies and their 1.7 million employees and account for 14 percent of the country’s gross domestic product. Increasingly, federal purchasers are using this purchasing power to expand markets for goods and services with more beneficial human health and environmental impacts.

This article highlights some of the federal requirements to buy green goods and services and highlights a few interesting examples of federal agency purchases.

Federal Agency Green Purchasing Requirements

At least five federal statutes, more than a dozen Presidential Executive Orders, and numerous sections within the Federal Acquisition Regulation (FAR) require federal purchasing officials to include human health and environmental considerations when making purchasing decisions. These requirements began with the passage of the Resources Conservation and Recovery Act (RCRA) in 1976 during the Carter administration. They have continued to expand under each subsequent presidential administration—under both Republican and Democratic presidents—up to and including the current Bush administration.

There are currently seven components to the federal green purchasing program:

• Recycled content products
• Energy Star and energy-efficient products
• Alternative fuel vehicles and alternative fuels
• Biobased products
• Non-ozone depleting substances
• Environmentally preferable products and services
• Priority chemicals.

Of these seven components, all are mandatory, except for environmentally preferable purchasing, which remains voluntary. The Office of Federal Procurement Policy and the Office of the Federal Environmental Executive (OFEE) encourage federal agencies to implement these requirements through a single, integrated green purchasing plan or policy. To learn more about each component, visit the OFEE Web site at www. govinfo.bz/5195-260.

RCRA’s “Buy Recycled” Requirements
As directed by RCRA Section 6002, the U.S. Environmental Protection Agency (EPA) designates products that can be manufactured with recycled materials. The buy-recycled requirement applies to Federal agencies, state and local agencies using appropriated Federal funds to purchase the designated products, and contractors. Any entity spending more than $10,000 for any of the designated products must purchase the product containing recycled materials. If, for example, an agency spends more than $10,000 annually on printing and writing paper, all printing and writing paper purchased by the agency and its contractors must contain recycled content. Agencies may elect not to purchase recycled content products designated by EPA only if the cost is unreasonable; inadequate competition exists; items are unavailable within a reasonable timeframe; or the items do not meet reasonable performance specifications.

In addition to identifying recycled content products, EPA also recommends recycled content percentages for each designated item and provides lists of suppliers meeting its recommendations. EPA’s list currently includes more than 60 products in eight product categories, including many commonly purchased items such as paper and other office products, concrete, paint, toner cartridges, motor oil, and antifreeze. Visit www.govinfo.bz/5195-263 for a complete list of EPA’s designated items.

RCRA further requires that agencies meeting the $10,000 threshold establish an affirmative procurement program to ensure that 100 percent of the agencies’ purchases meet the recycled-content requirements. The affirmative procurement program must include the following four elements:

• A preference program favoring recycled-content products over their virgin counterparts
• A promotion program to ensure all supply managers and end users are aware of the preference for recycled-content products
• Procedures for validating recycled-content product claims
• Procedures for monitoring and reviewing the success of the affirmative procurement program.

Farm Security and Rural Investment Act of 2002
Section 9002 of the Farm Security and Rural Investment Act of 2002, which is more commonly known as the 2002 Farm Bill, requires purchasers to buy products made from biobased materials. It requires the U.S. Department of Agriculture (USDA) to designate biobased products and recommend minimum biobased content just as EPA designates recycled content products and recommends minimum recycled content percentages.

Since passage of the Farm Bill, USDA has been researching the availability, use, and performance of biobased products. In January, 2005, it issued final guidelines establishing the framework for the program, including the procedures it will use to designate products and make its biobased content recommendations. The process USDA is using is remarkably similar to the process EPA uses to designate recycled-content products. One key difference from the buy recycled program is that Congress authorized USDA to create a labeling program for biobased products, which will make it easier for purchasers to identify products that meet USDA’s biobased content recommendations.

On July 5, 2005, USDA proposed six commodities for designation as the initial mandatory biobased items. Under the proposed rule, federal agencies that buy more than $10,000 worth of these items annually will be required to purchase the items containing biobased content. The proposed rule, which could be finalized as early as October 2005, also includes USDA’s recommended biobased content for each item.

Once the rule is finalized, purchasers will have one year to implement procedures to ensure they are buying biobased products in accordance with the 2002 Farm Bill requirements. Like the federal requirement to buy recycled-content products designated by EPA, agencies must buy designated biobased products unless the agency determines the items are not available within a reasonable time period, they fail to meet applicable performance standards, or they are unreasonably expensive. As with the buy recycled program, there is a requirement to document any use of the exceptions. There is also a requirement to report biobased purchases to the Office of Federal Procurement Policy, which will use the information in a biennial report to Congress.

For additional information, visit the USDA Federal Biobased Products Preferred Procurement Program at www.govinfo.bz/5195-262.

Other Legislative Requirements
The Energy Policy Act (EPAct), Pollution Prevention Act, and Clean Air Act also include specific references affecting federal purchasing decisions. EPAct requires purchasers to buy alternative fuel vehicles. The Pollution Prevention Act encourages purchases of less hazardous products, and the Clean Air Act prohibits purchases of ozone depleting substances. These requirements have been integrated into the FAR.

Executive Orders
A series of Presidential Executive Orders mandate specific ways to “green” federal government operations. They direct government supply managers to purchase alternative fuel or more fuel efficient vehicles; limit purchases of toxic chemicals, hazardous substances, and other pollutants; encourage the use of products made from renewable resources; promote the purchase of Energy Star and energy-efficient products and products that use minimal standby power; purchase renewable energy; and purchase other “environmentally preferable” products and services.

Executive Order 13101, for example, directs federal agencies to consider the following in acquisition planning:

• Elimination of virgin materials requirements
• Use of recycled content, biobased, and environmentally preferable products
• Human health and environmental attributes, including product reuse or recyclability, life cycle costs (e.g., operations and maintenance costs), toxic and hazardous constituents, and ultimate disposal.

In addition, E.O. 13101 directs federal agencies to:

• Revise existing specifications, descriptions, and standards to enhance the procurement of environmentally preferable products and services
• Use EPA guidance “to the maximum extent practicable” in identifying and purchasing environmentally preferable products and services
• Require government contractors to follow EPA’s green purchasing guidance

Include environmental and recycling concerns into the acquisition and management of government space, including leased space and the design and construction of new buildings.

Federal Acquisition Regulation Requirements
Many of the federal statutes, executive orders, and policy directives have been incorporated into the FAR. Part 23 provides the energy and environmental policies, but energy and environmental considerations are incorporated throughout the FAR. For example, the FAR specifically requires federal agencies to “implement cost-effective contracting preference programs favoring the acquisition of environmentally preferable and energy-efficient products and services” (FAR 23.704[a]). FAR 7.105(b) (16) requires that written acquisition plans discuss energy and environmental considerations. The FAR also requires purchasers to “prepare product descriptions to achieve maximum practicable use of recovered materials, other materials that are environmentally preferable, and products that are energy-efficient” (FAR 11.101[b]).

Among the specific FAR requirements are directives to:

• Obtain products from within the upper 25 percent of the most energy-efficient products or products that are at least 10 percent more efficient than the minimum federal energy-efficiency standards
• Eliminate or reduce hazardous waste generation and the need for special handling, storage, treatment, and disposal
• Promote the use of nonhazardous and postconsumer recycled-content materials
• Examine lifecycle costs in addition to initial costs when comparing prices
• Consider cost-effective waste reduction opportunities when creating plans, drawings, specifications, standards, and other product descriptions.

Federal Agency Green Purchasing Examples

As a result of the long-running emphasis on green purchasing, the federal government has thousands of examples demonstrating that it is possible to reduce adverse human health and environmental impacts for any purchase. The examples below range from routine purchases to some of the more exotic ones.

Green Buildings
The federal government owns and operates more buildings than anyone else in the country. New construction projects frequently look beyond energy efficiency to include a wide variety of additional human health and environmental considerations. Recently completed federal buildings include natural lighting, advanced building control systems to reduce heating and cooling costs, water recycling systems, recycled-content building materials, wood from sustainably managed forests, safer paints, adhesives, and floor coverings, and other innovative building materials.

To simplify the specification process for green buildings, many federal agencies reference the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) standard. LEED projects are scored using a system that awards points for various environmental design features such as energy and water efficiency and the use of low-toxicity and recycled content building materials. After meeting some minimum qualifications and earning a selected number of points, buildings can earn a certified, silver, gold, or platinum rating.
According to the LEED Web site, www.govinfo.bz/5195-268, there are currently 158 federal buildings that have been built or are being designed to earn LEED recognition. They are dispersed throughout 39 states and the District of Columbia. A few examples include:

• U.S. Postal Service Building (Fort Worth, TX)-Opened in 1999, it includes green features such as an ability to harvest rainwater for irrigation, the use of skylights to maximize natural light, occupancy sensors and automatic lighting dimmers, paints and adhesives containing significantly reduced volatile organic compounds, extensive use of recycled-content building materials, exterior wall panels made from compressed straw, and a heat reflecting exterior ceramic coating.
• Federal Building (San Francisco, CA)-Scheduled to open soon, this project uses extensive energy-efficiency features such as ambient lighting and occupancy sensors and a perforated metal skin exterior that will serve as a sun shield. During construction, more than 65 percent of the construction debris was recycled.
• Chincoteague National Wildlife Refuge (Chincoteague, VA)-Earned a gold LEED rating and the 2004 White House Closing the Circle award for green buildings. It uses recycled-water to flush the toilets and features bamboo flooring, recycled-content carpets, geothermal heat pumps, natural daylighting, solar electric panels, and waterless urinals, among many other green features.

Nuclear Submarines
In 2000, the White House Office of the Federal Environmental Executive recognized the U.S. Navy’s design for the Virginia Class nuclear submarine with a White House Closing the Circle Award. When designing the submarine, the Navy examined the human health and environmental impacts of all of the components used for the production, operation, and eventual decommissioning of the submarine. The Navy wanted to ensure the submarine was safe for the crew and the surrounding environment. The design team incorporated less hazardous or non-hazardous and less toxic or non-toxic alternatives throughout the interior. They even designed the submarine for easy recycling at the end of its useful life.

Green Electricity
Through 2003, federal agencies purchased 552 gigawatt hours of renewable energy, enough power to run 54,000 households. The U.S. Navy leads all other federal purchasers with its purchases of renewable energy with more than 320,000 megawatt hours (MWh), representing four percent of its total electricity needs. EPA is second with 220,000 MWh, but its purchases meet 75 percent of the agency’s total electricity needs. There are currently 15 EPA facilities that operate on 100 percent renewable energy, including EPA headquarters in Washington, D.C.

Federal agencies either directly purchase renewable power or purchase “green tags,” which are more formally known as renewable energy certificates (RECs). RECs allow purchasers to buy the environmental benefits associated with renewable energy generation separate from the actual electricity purchase. If, for example, the current electricity provider does not supply renewable energy, purchasers can buy RECs from another electricity provider that does supply renewable energy. Buying RECs encourages the development of additional renewable energy sources and helps agencies meet their renewable energy goals.

Cleaning Products
The U.S. Department of the Interior was one of the first and remains one of the leading users of environmentally preferable cleaning products. It pioneered the use of safer cleaning products based on the Green Seal standard for use in its heavily trafficked, historically significant headquarters building. Many of the National Park Service facilities, including those at Yellowstone and Grand Teton National Parks, rely on green cleaning products to clean park facilities and to protect the parks and their visitors. The U.S. Navy is also a big user of green cleaning chemicals, particularly on board ships where the safer products protect both the sailors and surrounding marine life. EPA requires green cleaners be used throughout its facilities and has made their use part of its annual green purchasing plan. To facilitate even broader adoption of green cleaners and green cleaning practices, the U.S. General Services Administration now has standard green cleaning contract clauses for use in government leases and custodial contracts.

Alternative Fuel
The use of alternative fuels such as ethanol or biodiesel, which blend vegetable based fuels with traditional gasoline or diesel fuels, is required under Executive Order 13149. Many federal agencies are integrating them into their supply chain. In fiscal year (FY) 2004, alternative fuels comprised 1.57 percent of total covered fuel use by federal agencies for a total of 4.4 million equivalent gallons of gasoline. Federal agencies increased their use of alternative fuels by 44 percent compared to FY 2003, including a 70 percent increase in biodiesel fuel use.

Paint
The U.S. Army’s Aberdeen Proving Ground uses Green Seal’s standard for more environmentally preferable paints to significantly reduce the costs and environmental impacts of its painting operations. The environmentally preferable paints have an average initial cost savings of $1.60 per gallon. When combined with the related waste disposal savings, the facility is saving more than $60,000 per year.

The U.S. Air Force also discovered significant savings when it reformulated the paint used to protect its large C-17 aircraft. Almost 75 percent of the Air Force’s hazardous materials generation is associated with painting, stripping, and repainting its aircraft. Switching to a more environmentally preferable and durable paint for the C-17 saves more than $1.6 million per aircraft per year.

Cafeteria Services
Both EPA and DOI have integrated environmental considerations into their cafeteria services contracts. DOI even tested the use of biodegradable plates, silverware, and trays that were composted along with other cafeteria waste as part of a pilot program at the headquarters dining facility. Many of the national parks have integrated some of the lessons learned into the operation of park concession stands.

Plane De-Icing Operations
The Federal Aviation Administration (FAA) has been exploring less polluting alternatives to traditional chemical plane de-icing. The traditional method uses ethylene or propylene glycol that can contaminate ground water. Instead, FAA has explored using a “drive through” hangar fitted with specialized heaters rather than chemical de-icers. The White House recognized its efforts with a Closing the Circle award.

Green Ammunition and Missiles
Weapons training facilities traditionally expose instructors, students, and the environment to significant quantities of lead and lead dust because of the composition of most ammunition. Some federal agencies are reducing such exposure by switching to “green” ammunition, known as reduced hazard ammunition (RHA). The Federal Law Enforcement Training Center (FLETC) in Glynco, GA, for example, which is now part of the Department of Homeland Security, buys more than three million rounds of lead-free ammunition annually. It has reduced its production of hazardous lead waste by 35 tons over the past seven years. FLETC’s contractual support enabled manufacturers to invest in developing RHA. As a result of their initial purchase, more than 30 agencies currently use the FLETC contracts to purchase more than three billion rounds of RHA.

In somewhat related examples, Wright-Patterson Air Force Base in Ohio, now purchases and uses a non-ozone depleting missile propellant. The new propellant is just as effective as its predecessor without the adverse impacts to the ozone layer. As part of its effort to eliminate ozone depleting chemicals, the Army is replacing halon fire suppression systems in its Bradley Fighting Vehicles with an ozone-friendly alternative. The new approach continues to protect the troops while also protecting the environment.

Final Note

While most government purchasers will never need to borrow the specifications for green submarines, many of the routine green purchases made by federal agencies are appropriate in almost any setting. Thanks to the hard work of many federal purchasing officials, environmentally preferable products and services are much easier to specify, more affordable, and more widely available than ever.

About the Authors

Scot Case is the director of the Faculty Institute at Alvernia College in Reading, Pennsylvania. The institute provides a wide range of consulting services, including helping purchasers buy more responsible products and services from more responsible companies. He can be reached at scot.case@alvernia.edu.
Dana Arnold is the Chief of Staff for the White House Office of the Federal Environmental Executive where she coordinates a variety of environmental projects, including the federal government’s green purchasing program. She can be reached at arnold.dana@ofee.gov.

Federal Green Purchasing Resources

The White House Office of the Federal Environmental Executive Web site www.govinfo.bz/5195-260 includes easy access to numerous federal green purchasing requirements, training materials, and resources, including the following:

• Alternative Fuels Data Center www.govinfo.bz/5195-261 – Details the availability of alternative fuels and alternative fuel vehicles.
• Biobased Products Preferred Procurement Program www.govinfo.bz/5195-262 – Contains updated information about the requirements to buy biobased products.
• Comprehensive Procurement Guidelines Program www.govinfo.bz/5195-263 – Provides information on the “Buy Recycled” requirements and links to suppliers.
• Energy Efficiency and Renewable Energy Office www.govinfo.bz/5195-264– Includes details about a variety of energy efficiency and renewable energy options.
• Energy Star Program www.govinfo.bz/5195-265 – Provides information on energy-efficient products, including specification language.
• Environmentally Preferable Purchasing Program www.govinfo.bz/5195-266 – Tracks federal green purchasing efforts and provides tools and resources to make green purchasing easier, including model contract language and specifications.
• Significant New Alternatives Policy (SNAP) Program www.govinfo.bz/5195-267 – Lists alternatives to ozone-depleting substances.