FAR 23.107-1—Products containing recovered materials.
Plain-English Summary
FAR 23.107-1 implements the federal preference for products containing recovered materials under the Resource Conservation and Recovery Act (RCRA) and EPA’s Comprehensive Procurement Guidelines (CPG) program. This section explains the legal authority for the recovered-materials program, how EPA designates covered items and recommends procurement practices, when the rule applies based on dollar thresholds and aggregate annual purchases, and how micro-purchases are treated in that calculation. It also requires agencies to maintain an affirmative procurement program when their purchases of EPA-designated items exceed the threshold, and it describes the required elements of that program, including preference policies, promotion, certification and estimate procedures, annual review, and micro-purchase guidance. The section further sets out the purchasing procedures that apply once thresholds are exceeded, including buying conforming products to the maximum extent practicable, using specifications that reflect recovered-material content, and allowing contracting officers to request supporting information. In practice, this rule is about turning environmental policy into buying requirements: agencies must actively prefer recycled-content products, document compliance, and build internal controls so the preference is consistently applied across procurements.
Key Rules
RCRA and EPA authority
This section is grounded in RCRA and EPA’s implementing regulations at 40 CFR part 247. EPA designates items that are or can be made with recovered materials and issues recommended procurement practices through the CPG program.
Threshold-based applicability
The rule applies to contract actions involving an EPA-designated item when the item price exceeds $10,000, or when the aggregate amount paid for multiple purchases of that item, or a functionally equivalent item, in the preceding fiscal year was $10,000 or more.
Micro-purchases count in totals
Micro-purchases are included when calculating the aggregate amount paid for threshold purposes. However, agencies do not need to track micro-purchases for this purpose if they already expect the aggregate to exceed $10,000 or plan to establish or continue an affirmative procurement program in the next fiscal year.
Affirmative procurement program required
If agency purchases of EPA-designated items exceed the threshold, the agency must establish an affirmative procurement program. The program must include a recovered-materials preference program, promotion of that preference, certification and estimate procedures, annual review and monitoring, and guidance for micro-purchases.
Certification and verification controls
Agencies must require reasonable estimates and certifications of recovered material content, including preaward certification that products will meet EPA recommendations and either an estimate or certification at contract completion. Agencies must also have procedures to verify those estimates and certifications.
One-year update window
Agencies have one year to revise their affirmative procurement programs after EPA designates a new item. This ensures agency purchasing policies stay aligned with the current CPG list.
Purchase conforming products first
Once an item is designated by EPA, agencies must purchase conforming products to the maximum extent practicable, unless a justification, exception, or exemption applies under the related FAR provisions.
Specifications should reflect recovered content
Agencies may use their own specifications or commercial product descriptions, but the contract should require either the highest practicable percentage of recovered materials or the EPA minimum content standards in the RMANs.
Contracting officer information requests
When acquiring products with recovered material, the contracting officer may request information or data such as recycled content or related product standards to support evaluation, award, or administration.
Responsibilities
Agency
Establish and maintain an affirmative procurement program when purchases of EPA-designated items exceed the threshold; include all required program elements; revise the program within one year of new EPA designations; and provide guidance for micro-purchases.
Technical or requirements personnel
Help prepare, implement, and monitor the affirmative procurement program; identify applicable EPA-designated items; and support specification development and product requirements that reflect recovered-material preferences.
Procurement personnel
Implement the affirmative procurement program in day-to-day buying actions, apply the recovered-material preference, ensure required certifications and estimates are obtained, and monitor compliance with procurement procedures.
Contracting officer
Apply the threshold and applicability rules, include appropriate recovered-material requirements in solicitations and contracts, request supporting product information when needed, and ensure purchases conform to EPA requirements unless an exception or exemption applies.
Contractor
Provide required certifications, estimates, and supporting information on recovered-material content; supply products that meet the stated recovered-material requirements; and comply with contract clauses and EPA minimum content standards when applicable.
EPA
Designate items covered by the CPG program, establish minimum content recommendations through RMANs, and provide the federal procurement guidance that agencies use to identify covered products and content standards.
Practical Implications
Contracting officers must know whether the item is EPA-designated and whether the $10,000 threshold is triggered by the current action or by prior-year aggregate purchases, including micro-purchases.
Agencies should not wait until a solicitation is underway to build their affirmative procurement program; the program needs internal procedures, monitoring, and micro-purchase guidance already in place if the threshold is exceeded.
A common pitfall is treating recycled-content language as optional boilerplate; for covered items, the preference and documentation requirements are mandatory unless a valid justification, exception, or exemption applies.
Another frequent issue is failing to update agency procedures within one year after EPA adds a new designated item, which can leave solicitations and internal guidance out of sync with current law.
Contract files should support the recovered-material decision with certifications, estimates, or other product data, especially when the contracting officer needs to verify compliance or compare products against EPA minimum content standards.
Official Regulatory Text
(a) Authorities. The Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6962 , as implemented at 40 CFR part 247 . (b) EPA Comprehensive Procurement Guidelines (CPG) Program. Under RCRA, EPA must designate items that are or can be made with recovered materials and must also recommend practices to assist procuring agencies in meeting their obligations. (c) Applicability. (1) This section applies to contract actions involving an EPA-designated item, if— (i) The price of the EPA-designated item exceeds $10,000; or (ii) The aggregate amount paid for multiple purchases of the EPA-designated item, or a functionally equivalent item, in the preceding fiscal year was $10,000 or more. (2) While micro-purchases are included in determining the aggregate amount paid under paragraph (c)(1) of this section, it is not necessary for an agency to track micro-purchases when— (i) The agency anticipates the aggregate amount paid will exceed $10,000; or (ii) The agency intends to establish or continue an affirmative procurement program as described in paragraph (d) of this section in the following fiscal year. (d) Agency affirmative procurement program. An agency shall establish an affirmative procurement program for EPA-designated items if the agency's purchases of EPA-designated items exceed the threshold set forth in paragraph (c)(1) of this section. (1) Agency affirmative procurement programs must include— (i) A recovered materials preference program; (ii) A program to promote the recovered materials preference program; (iii) A program for requiring reasonable estimates and certification of recovered material used in the performance of contracts, including a preaward certification that products will meet EPA recommendations (see 52.223-4 , Recovered Material Certification), and either an estimate or a certification at contract completion (see 52.223-9 , Estimate of Percentage of Recovered Material Content for EPA-Designated Items, and its Alternate), as well as agency procedures for verification of estimates and certifications; (iv) Annual review and monitoring of the effectiveness of the affirmative procurement program; and (v) Guidance for purchases of EPA-designated items at or below the micro-purchase threshold. (2) Technical or requirements personnel and procurement personnel are responsible for the preparation, implementation, and monitoring of affirmative procurement programs. (3) Agencies have a period of 1 year to revise their affirmative procurement program(s) after the designation of any new item by EPA. (e) Procedures. The following procedures apply when the thresholds set forth in paragraph (c)(1) of this section are exceeded. (1) Once an item has been designated by EPA, agencies shall purchase conforming products to the maximum extent practicable in accordance with 23.104 (a), unless a justification, exception, or exemption applies (see 23.104 (a), 23.105 , and 23.106 , respectively). (2) Agencies may use their own specifications or commercial product descriptions when procuring products containing recovered materials; however, the contract should specify that the product is composed of the— (i) Highest percentage of recovered materials practicable; or (ii) Minimum content standards in accordance with EPA's RMANs. (3) When acquiring products with recovered material, the contracting officer may request information or data on such products, including recycled content or related product standards (see 11.301 (c)). (f) Resources. (1) For information on EPA-designated items and associated minimum content standards, see https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products . (2) Contracting officers should also consult their agency's affirmative procurement program for agency-specific guidance.