TABLE OF CONTENTS
Topics | Sections |
7.1 What is the purpose of this chapter? 7.2 What is the scope of this chapter? 7.3 What are the objectives of this policy? 7.4 What are the authorities for this chapter? 7.5 What terms do you need to know to understand this chapter? | |
7.6 Who is responsible for sustainable procurement? | |
7.7 How does the Service incorporate sustainable procurement into the acquisition lifecycle? | |
7.8 What guidance is available to promote the Service’s sustainable procurement policy, practices, and procedures? |
OVERVIEW
7.1 What is the purpose of this chapter? This chapter:
A. Lists the authorities that regulate sustainable procurement, and
B. Describes the overall responsibilities of the U.S. Fish and Wildlife Service (Service) employees for this process.
7.2 What is the scope of this chapter? Sustainable procurement policy applies to any oral or written action that results in the use of appropriated dollars to purchase, rent, or lease supplies or equipment, services, or construction. This includes actions below the micro-purchase threshold.
7.3 What are the objectives of this policy? Our objectives are to:
A. Identify and achieve full compliance with Federal sustainable procurement regulations, and
B. Describe our requirements and procedures for this process.
7.4 What are the authorities for this chapter? See 301 FW 1 for information on the authorities for all the chapters in Part 301. The following authorities are specific to sustainable procurement:
A. Clean Air Act (42 U.S.C. 7671).
B. Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 116).
C. Energy Independence and Security Act of 2007 (42 U.S.C. 17001-17392).
D. Energy Policy Act of 2005 (42 U.S.C. 15801).
E. Energy Policy and Conservation Act (42 U.S.C. 6361).
F. Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace (48 CFR Part 423).
G. Executive Order 11912, Delegations of Authority under the Energy Policy and Conservation Act (1976).
H. Executive Order 13221, Energy Efficient Standby Power Devices (2001).
I. Executive Order 13990, Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis (2021).
J. Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (2021).
K. Executive Order 14030, Climate-Related Financial Risk (2021).
L. Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (2021).
M. Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171).
N. National Energy Conservation Policy Act (1978) (42 U.S.C. 8253).
O. National Environmental Policy Act of 1969 (42 U.S.C. 4321).
P. Pollution Prevention Act of 1990 (42 U.S.C. 13101-13109).
Q. Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962).
7.5 What terms do you need to know to understand this chapter? Sustainable procurement or buying “green”is a process where we improve our environmental performance by acquiring goods and services that have less of an impact on human health and the environment. By incorporating sustainable procurement practices into purchasing activities, we increase the demand for sustainable products, which in turn increases the manufacturing of these products. As this cycle continues and more sustainable products are produced and sold, the impact on the environment is less than those of similar non-sustainable/non-green products.
RESPONSIBILITIES
7.6 Who is responsible for sustainable procurement?
Table 7-1: Responsibilities for Sustainable Procurement
These employees… | Are responsible for… |
A. The Director | (1) Ensuring the Service has an acquisition program in place that meets Federal requirements, and (2) Approving or declining to approve acquisition policy. |
B. The Assistant Director – Management and Administration (AD-MA) | (1) Ensuring there is sustainable procurement policy in place, and (2) Overseeing sustainable procurement practices and procedures for our agency. |
C. The Division Chief, Acquisition & Property Policy Management (APPM), as Head of the Contracting Activity (HCA), Joint Administrative Operations (JAO) | (1) Developing and maintaining current sustainable procurement policy; (2) Confirming the acquisition workforce receives sustainable procurement training; (3) Establishing and updating sustainable procurement objectives and targets; (4) Ensuring procurement participation in workgroups including, but not limited to, the Department of the Interior (Department) Lifecycle Management Technical Workgroup and the Service’s Sustainability Committee; and (5) Complying with sustainable procurement requirements, monitoring compliance, and conducting periodic reviews. |
D. Contracting Officers (CO) and Contract Specialists, Acquisition & Property Operations (APO), JAO | (1) Completing 1 hour of sustainable/green procurement training each year if maintaining an active Federal Acquisition Certificate in Contracting (FAC-C) (see 302 FW 1, Contracting Officer’s Certification of Appointment); (2) Reviewing solicitation materials and contract clauses and: (a) Ensuring sustainable procurement requirements are incorporated; and (b) Validating the rationale for not purchasing sustainable products/services, when required; (3) Awarding contracts in accordance with FAR Part 23; (4) Ensuring that contractors submit timely annual (i.e., no later than October 31) BioPreferred reports in www.SAM.gov for their bio-based products under service and construction contracts; and (5) Reminding contractors to submit timely annual (i.e., no later than November 30) hydrofluorocarbon emissions. |
E. Contracting Officer’s Representatives | Assisting with oversight of contract administration to confirm sustainable procurement requirements are fulfilled in accordance with the terms of the contract. |
F. Program Offices, Purchase Requestors | (1) Researching and identifying sustainable products and services, and (2) Consulting with contracting and environmental specialists to develop statements of work and specifications that include relevant sustainable procurement requirements. |
ACQUISITION LIFECYCLE
7.7 How does the Service incorporate sustainable procurement into the acquisition lifecycle?
A. Depending on the size and type of the acquisition, contracting personnel must develop a written acquisition plan and retain it in the contract file (see 301 FW 2). Acquisition plans must include environmental and energy conservation objectives, when appropriate.
B. Contracting personnel must also consider pertinent sustainable procurement factors when:
(1) Working with programs to develop product specifications, descriptions, and standards;
(2) Describing requirements for supplies and services; and
(3) Creating source-selection criteria.
GUIDANCE
7.8 What guidance is available to promote the Service’s sustainable procurement policy, practices, and procedures? There are several available sources for information about sustainable procurement. Following are just a few:
A. 560 FW 1, Policy and Responsibilities – Environmental Compliance.
B. 565 FW 1, Implementing Sustainable Practices.
C. U.S. General Services Administration’s Green Procurement Compilation and Procurement Professional User Guide.
D. U.S. Environmental Protection Agency’s Buying Green for Federal Purchasers.
E. U.S. Department of Agriculture’s BioPreferred® Program.
F. FedCenter.gov.