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ARMY AL&T


This article provides a brief overview of federal, DOD, and Army GP require- ments and responsibilities. It offers ideas for applying GP to the acquisition of materiel systems and cites recent exam- ples of DOD’s successful use of GP.


Why Green Procurement? The short answer is because it’s man- dated by federal regulations, laws, and executive orders (EOs). EO 13514, Federal Leadership in Environmental, Energy, and Economic Performance, requires that 95 percent of new con- tract actions for products and services other than acquisition weapon systems be energy-efficient, water-efficient, bio- based, environmentally preferable, and non-ozone depleting; contain recycled content; and use nontoxic or less toxic alternatives. EO 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires that federal purchasers show preference for products that conserve resources such as fossil fuels, water, and energy.


Part 7 of the Federal Acquisition Regulation (FAR) emphasizes procurement of recycled-content and environmentally preferable products and services. Part 7.105(b) (16) requires that acquisition plans “discuss all applicable environmen- tal and energy conservation objectives associated with the acquisition… .”


The Resource Conservation and Recovery Act (RCRA), Section 6002, requires federal agencies to develop programs to promote the procurement of products that the Environmental Protection Agency (EPA) designates as helping to create and sus- tain markets for recycled products.


But beyond the EOs, regulations, and laws, there are many practical, com- pelling reasons for implementing GP. GP uses the power of federal spending to do something positive for people’s health and the environment. It creates markets for environmentally beneficial products and saves money and resources, because greener products require less


53 OCTOBER –DECEMBER 2010


DOD’s GP policy encourages incorporation of GP when it is consistent with the demands of mission, efficiency, and cost-effectiveness.


energy. GP reduces pollution and adverse health effects, and those positive health implications have been linked to fewer lost workdays. GP provides incentives to develop new environmentally friendly technologies, and it promotes environ- mental stewardship and sustainability.


Requirements and Responsibilities


The August 2004 Green Procurement Policy and Strategy formally established DOD’s GP program and metrics. It requires review of proposed procurement actions for inclusion of GP provisions, consideration of environmental and energy aspects of planned acquisitions or procurements, and identification and development of specifications based on consideration of all of the green attri- butes identified.


In short, the policy requires that green products and services be considered as a first choice for all procurement. The Army’s Green Procurement Policy Memorandum, dated Nov. 22, 2006, established the Army GP Program. It fully supports DOD’s GP policy and calls for 100-percent compliance with GP requirements.


Requirements imply responsibilities. Procurement request originators and acquisition program managers (PMs) are responsible for identifying whether green products and services are available and can satisfy requirements for price, performance, and availability. They must ensure that relevant GP require- ments are identified before submitting a procurement request to the contracting office. They do this by consulting with contract and environmental specialists to prepare statements of work (SOWs)


or specifications that incorporate rel- evant GP requirements; document exceptions to GP requirements; apply life-cycle cost concepts to determine cost-effectiveness of green alternatives; and provide for oversight of contract execution to ensure that GP require- ments are addressed in accordance with the terms of the contract.


Procurement offices review requests for green supplies and services; pro- vide guidance to procurement request originators and PMs; incorporate GP language and FAR provisions and clauses into contract SOWs; ensure that all contract actions meet FAR require- ments for GP through execution and close-out; and place any necessary writ- ten justifications in the contract file to document why GP options were not included in the procurement action.


GP is a good idea. But a good idea that ignores reality can quickly devolve into a bad idea. Recognizing this, DOD’s GP policy encourages incorporation of GP when it is consistent with the demands of mission, efficiency, and cost-effectiveness. Additionally, RCRA provides exceptions to the procurement of recycled-content and biobased products when procurement of those products is cost-prohibitive; when they do not meet reasonable performance standards; or when they are not available within a reasonable time or at a sufficient level of competition.


That said, there are many practical ways to incorporate GP into the acquisition of materiel systems. PMs who develop technical requirements for SOWs can determine whether the system or contract could use EPA- or U.S.


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