Recovered Materials Preference

The recovered materials preference is a federal procurement mandate under RCRA Section 6002 requiring agencies to purchase products containing recycled and recovered materials for designated product categories listed in EPA's Comprehensive Procurement Guideline.

What is the Recovered Materials Preference?

Resource Conservation and Recovery Act (RCRA) Section 6002 (42 U.S.C. § 6962) requires federal agencies to procure products containing the highest percentage of recovered materials practicable for items designated in EPA's Comprehensive Procurement Guideline (CPG), consistent with maintaining a satisfactory level of competition. The CPG currently designates over 60 product categories across eight broad groupings:

• Paper and paper products (copy paper, tissue, paperboard, envelopes).
• Construction products (insulation, structural products, tiles).
• Transportation products (tires, traffic cones, parking stops).
• Parks and recreation products (playground surfaces, running tracks).
• Landscaping products (compost, mulch, hydraulic erosion control).
• Non-paper office products (binders, file folders, plastic desktop accessories).
• Vehicular products (engine coolants, re-refined lubricating oils).
• Miscellaneous products (awards and plaques, signage, sorbents).

For each category, EPA specifies a recommended minimum recycled content percentage based on market availability and product performance. Federal agencies must purchase CPG-designated products meeting these recycled content levels unless the products are not reasonably available, do not meet performance standards, or are only available at an unreasonable price.

FAR 23.101-105 and FAR 52.223-9 (Estimate of Percentage of Recovered Material Content for EPA-Designated Items) implement the requirement. Service contractors who purchase CPG-designated products on behalf of the government (for example, office supplies or janitorial supplies under a base operations contract) must also comply.

Why Recovered Materials Preference matters for government contractors

Office supply vendors, paper distributors, construction product suppliers, and service contractors purchasing supplies for federal contract performance must ensure that CPG-designated products meet EPA's minimum recycled content standards. Federal purchase orders for non-compliant products (such as copy paper below the 30 percent post-consumer fiber threshold) constitute contract compliance failures.

Example

A government printing contractor holds a document services contract with a federal agency. The contract includes FAR 52.223-9. The contractor purchases all copy paper from a supplier and must certify that the paper contains at least 30 percent post-consumer fiber (EPA's CPG recommended content for copy paper). The supplier provides certificates of compliance for each paper shipment. The contractor maintains these certificates in the contract file for potential DCAA or IG review.

Frequently Asked Questions

What is the difference between recycled content and recovered materials?

EPA uses "recovered materials" to encompass both pre-consumer and post-consumer material diverted from the waste stream. Post-consumer material has been used by a consumer and then recycled (such as newspapers turned into office paper). Pre-consumer material is manufacturing waste or rejected products that were never used by a consumer. EPA's CPG specifies the percentage of each type required for designated products.

How does an agency determine if the "practicable" standard is met?

If a CPG-designated product is available in the market at competitive pricing with adequate performance characteristics, the agency must purchase it. "Practicable" does not mean an agency can avoid recycled content products simply because they are slightly more expensive or require a different supplier relationship. A meaningful price or performance gap is required to justify purchasing non-compliant products.

Are contractors required to report on recovered materials purchases?

Contractors subject to FAR 52.223-9 must estimate the percentage of recovered material in CPG-designated items they supply. For construction contracts, this information is often incorporated into material submittals. For supply contracts, contractors may be required to provide annual reports on recovered material content across their deliveries to a specific agency.

Does the recovered materials preference apply to services contracts?

Yes, when the service contractor purchases CPG-designated products in the performance of the service. A janitorial services contract that includes purchase of paper towels and trash bags involves CPG-designated products (tissue products and plastic bags), and the janitorial contractor must purchase compliant products. This is why FAR 52.223-9 is flowed down to service contractors performing functions that involve buying CPG-designated supplies.