Page:United States Statutes at Large Volume 90 Part 2.djvu/1354

 90 STAT. 2822

PUBLIC LAW 94-580—OCT. 21, 1976 "FEDERAL, PROCUREMENT

42 USC 6962.

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"SEC. 6002. (a) APPLICATION OF SECTION.—Except as provided in

subsection (b), a procuring agency shall comply with the requirements set forth in this section and any regulations issued under this section, with respect to any purchase or acquisition of a procurement item where the purchase price of the item exceeds $10,000 or where the quantity of such items or of functionally equivalent items purchased or acquired in the course of the preceding fiscal year was $10,000 or more. "(b) PROCUREMENT SUBJECT TO OTHER LAW.—Ajiy procurement, by any procuring agency, which is subject to regulations of the Administrator under section 6004 (as promulgated before the date of enactment of this section under comparable provisions of prior law) shall not be subject to the requirements of this section to the extent that such requirements are inconsistent with such regulations. "(c) REQUIREMENTS.— (1)(A) After two years after the date of enactment of this section, each procuring agency shall procure items composed of the highest percentage of recovered materials practicable consistent with maintaining a satisfactory level of competition. The decision not to procure such items shall be based on a determination that such procurement items— "(i) are not reasonably available within a reasonable period of time; "(ii) fail to meet the performance standards set forth in the applicable specifications or fail to meet the reasonable performance standards of the procuring agencies; or "(iii) are only available at an unreasonable price. Any deter-* mination under clause (ii) shall be made on the basis of the guidelines of the Bureau of Standards in any case in which such material is covered by such guidelines. " (B) Agencies that generate heat, mechanical, or electrical energy from fossil fuel in systems that have the technical capability of using recovered material and recovered-material-derived fuel as a primary or supplementary fuel shall use such capability to the maximum extent practicable. "(C) Contracting officers shall require that vendors certify the percentage of the total material utilized for the performance of the contract which is recovered materials. "(d) SPECIFICATIONS.—(1) All Federal agencies that have the responsibility for drafting or reviewing specifications for procurement item procured by Federal agencies shall, in reviewing those specifications, ascertain whether such specifications violate the prohibitions contained in subparagraphs (A) through (C) of paragraph {^"Z). Such review shall be undertaken not later than eighteen months after the date of enactment of this section. "(2) I n drafting or revising such specifications, after the date of enactment of this section— "(A) any exclusion of recovered materials shall be eliminated; " (B) such specification shall not require the item to be manufactured from v i r ^ n materials; and "(C) such specifications shall require reclaimed materials to the maximum extent possible without jeopardizing the intended end use of the item. " (e) GUIDELINES.—The Administrator, after consultation with the Administrator of General Services, the Secretary of Commerce (acting through the Bureau of Standards), and the Public Printer, shall

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