Office of Federal Procurement Policy; Acquisition of Green Products and Services, 73904-73909 [E7-25211]

Agencies

• Office of Management and Budget
• Personnel Management Office

[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Notices]
[Pages 73904-73909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25211]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF MANAGEMENT AND BUDGET


Office of Federal Procurement Policy; Acquisition of Green 
Products and Services

AGENCY: Office of Federal Procurement Policy (OFPP), OMB.

ACTION: Proposed policy letter on the acquisition of green products and 
services.

-----------------------------------------------------------------------

SUMMARY: OFPP is proposing to issue a policy letter on green 
procurement policies and strategies. The policy letter would address: 
(1) General responsibilities of agencies for the procurement of green 
products and services; (2) the relationship of green products and 
services to other socio-economic programs; (3) automatic substitution 
policies; (4) listing of green products in Federal catalogues and 
online ordering systems; (5) green requirements for paper and printing; 
(6) application of green requirements in service contracting; and (7) 
energy efficiency. The proposed policy letter would implement specific 
provisions of Executive Order (E.O.) 13423, Strengthening Federal 
Environmental, Energy, and Transportation Management, Section 6002 of 
the Resource Conservation and Recovery Act (42 U.S.C. 6962), the Energy 
Policy Act of 1992 (42 U.S.C. 6903), the Energy Policy Act of 2005 (42 
U.S.C. 6361), and Section 9002 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8102). The proposed policy letter, 
when finalized, would supersede OFPP Policy Letter 92-4, Procurement of 
Environmentally-Sound and Energy-Efficient Products and Services, dated 
November 2, 1992.
    Comment Date: Comments must be received in writing on or before 
February 26, 2008 to be considered in the formulation of the final 
policy letter.

ADDRESSES: Submit comments by any of the following methods:
     E-mail: OFPPGreen@omb.eop.gov.
     Facsimile: (202) 395-5105.
     Mail: Office of Federal Procurement Policy, Office of 
Management and Budget, Room 9013, 725 17th Street, NW., Washington, DC 
20503.
    Instructions: Please submit comments only and cite ``Proposed OFPP 
Policy Letter'' in all correspondence. All comments will be posted 
without change to https://www.whitehouse.gov/omb/procurement/green/
green_comments.html, including any personal and/or business 
confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Jim Daumit, Policy Analyst, at 
(202) 395-1052, for clarification of content.

SUPPLEMENTARY INFORMATION: The proposed policy letter provides guidance 
on green purchasing policies and strategies. It requires agencies to 
identify opportunities and give preference to the acquisition of green 
products and services, including but not limited to: (1) Alternative 
fuels and alternative fuel vehicles and hybrids; (2) biobased products; 
(3) Energy Star[supreg] and Federal Energy Management Program (FEMP)-
designated products; (4) environmentally-preferable products and 
services; (5) electronics registered on the Electronic Product 
Environmental Assessment Tool; (6) low or no toxic or hazardous 
chemicals or materials or products; (7) non-ozone depleting substances; 
(8) recycled-content and/or remanufactured products; (9) renewable 
energy; and (10) water-efficient products.
    In addition, the proposed policy letter:
     Requires agencies to first consider mandatory and 
preferred sources to obtain green products and services that meet their 
performance needs, and

[[Page 73905]]

where these sources are unable to meet their needs, to purchase green 
products and services from other sources.
     Requires agencies to implement automatic substitution 
policies for the purchase of functionally equivalent green products and 
services in place of non-green products and services ordered through 
central supply agencies.
     Requires GSA, DLA, and other central supply agencies to 
supply designated green products and phase out any competing non-green 
products from their catalogs and on-line ordering systems. Agencies are 
encouraged in their comments to identify anticipated needs for non-
green products listed in Federal catalogs and on-line ordering systems 
that may extend beyond January 1, 2010 where green products are 
currently available.
     Requires agencies to include requirements and preferences 
for the use of green products in all new service contracts and other 
existing service contracts as they are recompeted and encourages 
agencies to incorporate these requirements and preferences into 
existing contracts as they are modified or extended through options.
     Discusses agencies' responsibilities for accurate, 
complete, and timely reporting.
    Reference information on green acquisition polices and green 
purchasing programs may be found on OFPP's homepage at https://
www.whitehouse.gov/omb/procurement/index_green.html.

Paul A. Denett,
Administrator.

Policy Letter No. 07-XX

    To The Heads of Executive Departments And Establishments
    Subject: Acquisition of Green Products and Services.
    1. Purpose. This policy letter provides Executive branch policies 
for the acquisition, use and disposition of green products and 
services, including but not limited to: recycled content products; 
water-efficient, energy-efficient, Energy Star[supreg] and those 
products with the lowest watt stand-by power; biobased products; 
environmentally preferable products; alternative fuels; hybrid and 
alternative fuel vehicles; non-ozone depleting substances; renewable 
energy; and all services that may include the supply or use of any of 
these products. Agency acquisition policies and programs shall enhance 
and, where appropriate, mandate the purchase and use of green products 
and services covered in this policy letter.
    2. Authority. This policy letter is issued pursuant to section 6(a) 
of the Office of Federal Procurement Policy Act, 41 U.S.C. 405(a), 
Section 6002 of the Resource Conservation and Recovery Act of 1976 
(RCRA), 42 U.S.C. 6962, the Energy Policy Act of 1992, 42 U.S.C. 
6903(19), the Energy Policy Act of 2005, 42 U.S.C. 6361, Section 9002 
of the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 
8102, and Executive Order (E.O.) 13423, Strengthening Federal 
Environmental, Energy, and Transportation Management.
    3. Applicability. This Letter applies to all executive agencies.
    4. Rescission. This policy letter rescinds Office of Federal 
Procurement Policy (OFPP) Policy Letter 92-4, Procurement of 
Environmentally-Sound and Energy-Efficient Products and Services, dated 
November 2, 1992.
    5. Definitions.
    Alternative fuel is defined by Section 301 of the Energy Policy Act 
of 1992, as implemented by the Secretary of Energy through rulemaking, 
at 10 CFR Part 490.2.
    Biobased product means a product determined by the Secretary of 
Agriculture to be a commercial or industrial product (other than food 
or feed) that is composed, in whole or in part, of biological products 
or renewable domestic agricultural materials (including plant, animal, 
and marine materials) or forestry materials.
    Energy efficient or FEMP-designated product means a product 
designated by the Federal Energy Management Program, Department of 
Energy as being among the highest 25 percent of equivalent products for 
energy efficiency.
    Energy Star[supreg] product means a product that is rated for 
energy efficiency under an Energy Star[supreg] program established by 
Section 324A of the Energy Policy and Conservation Act.
    Environmentally preferable means products and services that have a 
lesser or reduced effect on human health and the environment when 
compared with competing products or services that serve the same 
purpose. This comparison may consider raw materials acquisition, 
product, manufacturing, packaging, distribution, reuse, operation, 
maintenance, or disposal of the product or service.
    Electronic Product Environmental Assessment Tool (EPEAT) is an 
environmental procurement tool designed to help institutional 
purchasers in the public and private sectors evaluate, compare and 
select electronic products based on their environmental attributes. The 
first EPEAT standard applies to computer desktops, laptops and 
monitors.
    EPEAT-registered products are those products which meet the 
Institute of Electronic and Electrical Engineers (IEEE) 1680 Standard 
for the Environmental Assessment of Personal Computer Products, and 
products registered under similar standards developed after the date of 
this policy letter, and are listed on the EPEAT Product Registry 
located at www.epeat.net.
    Executive agency means an Executive department, a military 
department, or any independent establishment within the meaning of 5 
U.S.C. 101, 102, and 104(1), respectively, and any wholly owned 
Government corporation within the meaning of 31 U.S.C. 9101.
    Life-cycle cost effective means the life-cycle costs of a product, 
project, or measure are estimated to be equal to or less than the base 
case (i.e., current or standard practice or product). Additional 
guidance on measuring cost-effectiveness is specified in 10 CFR Parts 
436.18(a), (b), and (c), 436.20, and 436.21.
    Ozone-depleting substances means any substance designated as a 
Class I or Class II substance by the Environmental Protection Agency 
(EPA) in 40 CFR Part 82.
    Postconsumer content means a material or product that has served 
its intended use and has been diverted or recovered from waste destined 
for disposal, having completed its life as a consumer item.
    Recovered material means waste material and by-products which have 
been recovered or diverted from solid waste, but such term does not 
include those materials and by-products generated from, and commonly 
reused within, an original manufacturing process.
    Recycled content products means products containing recovered 
materials designated for federal preferred procurement by the EPA under 
Section 6002 of RCRA. The products are also known as EPA-designated 
items.
    Renewable energy means energy produced by solar, wind, biomass, 
landfill gas, hydrokinetic, ocean (including tidal, wave, current and 
thermal), geothermal, municipal solid waste, or new hydroelectric 
generation capacity achieved from increased efficiency or additions of 
new capacity at an existing hydroelectric project.
    Sustainable means to create and maintain conditions, under which 
humans and nature can exist in productive harmony, that permit 
fulfilling the social, economic, and other requirements of present and 
future generations of Americans.

[[Page 73906]]

    Water efficient product or service means a product or service that 
uses less water than competing products or services that serve the same 
purpose, including those meeting EPA's WaterSense standards.
    6. Background. E.O. 13423, Strengthening Federal Environmental, 
Energy, and Transportation Management, issued on January 26, 2007 (72 
FR 3919), directs federal agencies to conduct their environmental, 
transportation, and energy-related activities in support of their 
respective missions in an environmentally, economically and fiscally 
sound, integrated, continuously improving, efficient, and sustainable 
manner. In agency acquisitions of goods and services, the Executive 
Order requires: (i) use of sustainable environmental practices, 
including acquisition of biobased, environmentally preferable, energy-
efficient, water-efficient, and recycled-content products, and (ii) use 
of paper of at least 30 percent postconsumer fiber content.
    Other goals of E.O. 13423 address improving energy efficiency, 
consuming renewable energy, reducing water consumption, increasing 
diversion of solid waste, ensuring sustainable/green construction of 
buildings, reducing petroleum use, and ensuring acquisition and use of 
EPEAT-registered electronic products. E.O. 13423 further requires that 
agency programs to reduce and better manage the use of toxic and 
hazardous chemicals include reducing the acquisition of such chemicals.
    Acquiring green products and services is a key element of 
successfully implementing E.O. 13423, an effective environmental 
management system (EMS), and a sustainability program. This policy 
letter provides guidance to agencies for implementing the green 
acquisition requirements of E.O. 13423, including its implementation 
within an EMS framework. E.O. 13423 also provides guidance to agencies 
that do not have an EMS or have not yet incorporated goals toward 
sustainability but are still required to implement an affirmative 
procurement program for green products and services as part of their 
overall acquisition strategy.
    7. Policy. It is the policy of the federal government to develop 
and implement green purchasing policies and affirmative procurement 
programs in order to conserve resources and be good stewards of the 
environment and reduce our negative impact on the environment. The 
purchase of green products applies to all acquisition and contracting 
mechanisms used by federal agencies, including service contracts, 
purchases made with government purchase and fleet cards and purchases 
below the micropurchase threshold.
    8. Responsibilities.
    A. General requirements. In implementing this policy, Executive 
agencies shall:
    (1) Identify opportunities for and give preference to the 
acquisition of green products and services including but not limited 
to:
    (a) Alternative fuels and Alternative fuel vehicles (AFVs) and 
hybrids as required by Section 303 of the Energy Policy Act of 1992 and 
amended by the Energy Policy Act of 2005 and E.O. 13423;
    (b) biobased products designated by the Department of Agriculture 
(USDA) under section 9002 of the Farm Security and Rural Investment Act 
of 2002 (FSRIA);
    (c) Energy Star[reg], FEMP-designated, and those electronic 
products with the lowest available stand-by power as required by 
section 104 of the Energy Policy Act of 2005 and E.O. 13423;
    (d) Environmentally-preferable products and services in accordance 
with E.O. 13423;
    (e) EPEAT-registered electronics in accordance with E.O. 13423;
    (f) Low or no toxic or hazardous chemicals or materials or products 
containing lesser or no toxic or hazardous constituents;
    (g) Non-ozone depleting substances under the Clean Air Act as 
contained in EPA's Significant New Alternatives Program (SNAP);
    (h) Recycled content and/or remanufactured products designated by 
EPA under section 6002 of RCRA;
    (i) Renewable energy as required by section 203 of the Energy 
Policy Act of 2005, E.O. 13423; and
    (j) Water efficient products, including those meeting EPA's 
``WaterSense'' standards.
    (2) Ensure representation of environmental and energy experts, 
managers, or technical personnel on integrated procurement teams for 
all major acquisitions and consider each of the following factors:
    (a) Sustainable design practices;
    (b) Life cycle cost analysis;
    (c) Product or packaging take back (return to manufacturer for 
recycling or remanufacturing purposes); and
    (d) Maximization of energy and resource recovery in solid waste 
management.
    (3) Incorporate green purchasing requirements within agency, 
organizational, and facility environmental management systems. Guidance 
can be found in Incorporating Environmentally Preferable Purchasing 
into Environmental Management Systems, available at https://www.epa.gov/
epp/pubs/grn-pur/green-pur-ems.htm.
    (4) Develop and implement a formal, comprehensive, written 
affirmative procurement program (APP), also referred to as a green 
purchasing plan, for all products and services covered by this policy 
letter.
    (a) Minimally, an APP must:
     State a preference for the acquisition of the green 
products and services identified above;
     Delineate the roles and responsibilities of contracting 
officials, program managers, product specifiers, and purchase card 
holders and administrators;
     Promote the acquisition of green products and services 
internally within the agency and externally to all product vendors and 
service providers, including other federal, state, and local agencies;
     Provide for annual compliance monitoring, corrective 
action, and/or auditing as appropriate;
     Provide mechanisms for reporting on the effectiveness of 
the program to demonstrate compliance;
     Require flow down of green product preferences to 
contractors and subcontractors; and
     For recycled content products only, require estimates of 
the total amount of recovered materials used in items supplied or used 
under the contract, certification that the minimum recycled content 
requirement was met, where appropriate, and implement procedures for 
verifying the estimates and certifications.
    (b) An effective APP should also address:
     Preference for green products and services in the agency's 
annual procurement forecasts for all products and services;
     Development of templates for incorporating green 
purchasing requirements into solicitations and contracts and/or using 
the model templates developed by other agencies;
     Use of Federal Business Opportunities (FedBizOpps) and 
other e-procurement tools to publicize and promote requirements for 
green products and services and/or sustainable acquisitions;
     The incorporation of green product requirements in the 
agency's automated contract writing system;
     Strategic sourcing opportunities for purchasing green 
products and services;
     Achievement of best value based on life cycle cost 
assessments of cradle-to-grave manufacture, use and disposition;
     Past performance evaluation of contractors' adherence to 
green

[[Page 73907]]

components/sustainable aspects of contracts;
     Green and/or sustainable standards and performance 
indicators in statements of work, source selection factors, and 
performance-based acquisitions;
     Reporting of green contract requirements implementation 
through the Federal Procurement Data System (FPDS); and
     For agencies that manage government specifications or 
commercial item descriptions, review and revise, as necessary, 
specifications and standards to permit the acquisition of green 
products and services.
    (5) Work with private standard setting organizations and 
participate, pursuant to OMB Circular A-119 and the National Technology 
Transfer and Advancement Act (NTTAA), in the development of voluntary 
standards and specifications defining green products, practices and 
services.
    (6) Develop and require training on the acquisition of green 
products and services as well as agency sustainable practices for 
requirements personnel, procurement personnel, purchase card and travel 
card holders and administrators, fleet managers, and facilities 
managers.
    (7) Conduct pilot projects to test and measure results from the 
purchase and use of green products and services. Agencies may be 
requested to serve as a lead agency in coordinating a pilot and 
reporting government-wide results associated with the pilot.
    (8) Ensure that the agency (a) meets at least 95 percent of its 
requirements for acquiring an electronic product with an EPEAT-
registered electronic product, unless there is no EPEAT standard for 
such product, (b) enables the Energy Star[reg] feature on agency 
computers and monitors, (c) establishes and implements policies to 
extend the useful life of agency electronic equipment, and (d) uses 
environmentally sound practices with respect to disposition of agency 
electronic equipment that has reached the end of its useful life.
    B. Relationship of green purchasing requirements to other socio-
economic programs. Executive agencies should first determine their 
specific performance requirements for products and services then 
identify sources that effectively meet the agency's performance needs. 
If an agency determines that a green product or service can meet its 
performance needs, it shall first consider mandatory and preferred 
sources to obtain green products or services. If these sources do not 
offer products or services that meet the agency's performance needs, 
the agency shall obtain such products and services from other sources.
    Nonprofit agencies employing people who are blind or severely 
disabled under the AbilityOne Program pursuant to the Javits-Wagner-
O'Day Act and Federal Prison Industries' UNICOR programs are mandatory 
sources. See Subparts 8.6 and 8.7 of the Federal Acquisition Regulation 
(FAR). Small businesses, including Small Disadvantaged, Women-Owned, 
Native American, Alaska Native, HUB-zone, and Service-Disabled 
Veterans, are preferred sources.
    C. Automatic substitution policies. Executive agencies in 
coordination with General Services Administration (GSA) and the Defense 
Logistics Agency (DLA) shall implement automatic substitution policies 
in accordance with the following guidelines:
    (1) GSA and DLA shall coordinate with Chief Acquisition Officers 
and Senior Officials appointed under Section 3(d) of E.O. 13423 to 
identify opportunities and establish policies to automatically 
substitute functionally equivalent green products and services in place 
of non-green products and services ordered by customer agencies. These 
products and services may include, but are not limited to, general 
office products, other paper products such as tissues and towels, 
biobased cleaning products, and/or any other green products and 
services appropriate to agencies' needs.
    GSA and DLA shall report to the OFPP Administrator annually on the 
products and services for which these automatic substitution policies 
have been implemented.
    (2) GSA and DLA shall provide only Energy Star[reg] and FEMP-
designated energy efficient products for all categories of products 
covered by the Energy Star[reg] and FEMP programs, unless the head of 
an agency provides written justification as covered in paragraph 
8.G.(2) of this policy letter.
    D. Compliance and listing of green products in federal catalogs and 
on-line ordering systems. GSA, DLA and any other central supply source 
shall:
    (1) Clearly identify and prominently display designated green 
products and services covered in this policy letter in federal catalogs 
and on-line ordering systems; and
    (2) Phase out competing non-green products from their supply 
catalogs, contracts, specifications, inventories, and schedules, in 
accordance with the following deadlines:
    (a) For a green product designated prior to the publication of this 
policy letter--by January 1, 2010 or an alternative deadline 
established in consultation with the Federal Environmental Executive 
and the Administrator of OFPP.
    (b) For a green product designated after the publication of this 
policy letter--the latter of January 1, 2010 or within one year after 
the date specified in subparagraph (c) or an alternative deadline 
established in consultation with the Federal Environmental Executive 
and the Administrator of OFPP.
    (c) The date referred to in subparagraph (b) is the date a notice 
is issued in the Federal Register by the manager of a green product 
program at USDA, EPA, or DOE designating new products for its lists 
that :
    (i) Can meet the functional performance requirements of competing 
non-green products in the same or similar product category; and
    (ii) Adequately address factors that would otherwise justify 
exemptions from green purchasing products as described in paragraph 8.G 
of this policy letter.
    E. Requirements for paper and printing. In implementing the policy 
for paper and paper products acquired through GSA, the Government 
Printing Office, or private entities, Executive agencies shall:
    (1) Require the use of printing and writing paper containing a 
minimum of 30 percent postconsumer fiber;
    (2) To the maximum extent practicable, ensure that all copier 
machines, faxes, and printers are set up to print double-sided 
documents and that any reports, studies, analyses, assessments or any 
other contract deliverables are provided as double-sided copies;
    (3) To the maximum extent practicable, require that all printing 
services require the use of recycled content paper and double-sided 
copying;
    (4) To the maximum extent practicable, refrain from specifying 
printing and writing papers that do not contain a minimum of 30 percent 
postconsumer fiber for products with a limited useful life such as 
annual reports, catalogues, training materials, and telephone 
directories as appropriate; and
    (5) To the maximum extent practicable, provide and transfer 
documents electronically to eliminate paper requirements.
    F. Service contracting. Executive agencies must include 
requirements and preferences for the use of green products in all new 
service contracts and recompeted service contracts where green products 
may be substituted for

[[Page 73908]]

equivalent non-green products in the performance of the contract. 
Agencies are also encouraged to incorporate these requirements and 
preferences into existing contracts as they are modified or extended 
through options. Requirements and opportunities to incorporate 
sustainable practices and green products in service contracts are 
provided below. Agencies should explore further opportunities for 
including these practices and products in all relevant service 
contracts.
    (1) Buildings and leased space: When acquiring leased space or 
entering into construction contracts for buildings and other major 
assets, agencies shall:
    (a) implement the five Guiding Principles for High Performance and 
Sustainable Buildings identified in the Federal Leadership in High 
Performance and Sustainable Buildings Memorandum of Understanding and 
relate technical guidance found on the Whole Building Design Guide 
(www.wbdg.org) as long as it is life cycle cost effective to do so; and
    (b) ensure that new buildings are 30 percent more energy efficient 
than the 2004 International Energy Conservation Code for residential 
buildings or the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) Standard 90.1-2004 for non-residential 
buildings, if life-cycle cost effective.
    (2) Energy efficiency: In order to meet government-wide goals for 
energy efficiency, sustainable building, green product and service 
acquisition, and renewable energy, agencies are authorized and 
encouraged to use Energy Savings Performance Contracts (ESPC) and 
Utility Energy Savings Contracting (UESC) programs. ESPC and UESC 
programs are innovative tools for investing in building improvements to 
reduce energy and water use and increase the portion of remaining 
energy needs supplied from renewable energy sources. Agencies may use 
any combination of appropriated funds and private financing to carry 
out an individual project by covering its up front costs, as long as 
the entire project's future cost savings exceed the amounts required 
over time to repay the private financing.
    (3) Fleet and rental car services: GSA and or other federal fleet 
service providers shall, to the maximum extent practicable, include 
requirements for increasing alternative fuel use, retread tires, re-
refined motor oil, biolubricants, and other vehicle related products 
designated as recycled content, energy efficient, biobased or 
environmentally preferable and reducing petroleum use to the maximum 
extent practicable. Agencies should also ensure that Government travel 
arrangements for federal employee travel contain preferences for 
alternative fuel vehicles filled with alternative fuel, hybrids, and 
other designated green products as feasible and applicable.
    (4) Janitorial services: Agencies shall include requirements for 
recycled content products (e.g., towels, sanitary tissue products, and 
plastic trash can liners) and biobased and/or environmentally 
preferable cleaning products in all janitorial contracts.
    (5) Laundry services: Agencies and their contractors shall request 
energy and water efficient equipment, and environmentally preferable or 
biobased detergents in laundry service contracts.
    (6) Meeting and conference services: Agencies shall, wherever 
possible, contract for meeting and conference services with contractors 
offering such green attributes as proximity to mass transportation, 
shuttle services using alternative fuel vehicles, recycling services, 
the use of recycled content and/or biobased products, energy and water 
efficient facilities, linen/towel reuse programs, reusable china and 
linens for food service, or sourcing food from local providers.
    G. Exemptions from requirements. Exemptions from the purchase 
requirements covered in this policy letter require written 
justifications in accordance with the following:
    (1) A decision not to procure EPA-designated recycled content 
products or USDA-designated biobased items directly or though a service 
contract requires written justification by the agency that a 
determination was made that such items:
    (a) Are not reasonably available within the time required;
    (b) Fail to meet performance standards established in applicable 
specifications or fail to meet the reasonable performance standards of 
the procuring agency;
    (c) Are only available at an unreasonable price (based on life 
cycle cost); or
    (d) Are not available from a sufficient number of sources to 
maintain a satisfactory level of competition.
    (2) A decision not to procure Energy Star[reg] or FEMP designated 
energy efficient products directly or through a service contract 
requires written justification by the head of the agency that a 
determination was made that such products:
    (a) Are not cost effective over the life of the product taking 
energy cost savings into account; or
    (b) Are not reasonably available to meet the functional requirement 
of the agency.
    9. Federal Acquisition Regulatory Councils. The Defense Acquisition 
Regulations Council and the Civilian Agency Acquisition Council shall 
conduct periodic reviews of the relevant parts of the FAR to assure (1) 
that no unintended limitations to the acquisition of green products and 
services are contained therein, and (2) that the procurement policies 
established by this policy letter are fully reflected in the FAR.
    10. Reporting requirements. Agency activities conducted pursuant to 
this policy letter will be reported biennially to the President as 
required by E.O. 13423 and as otherwise required by statute.
    A. OFPP will collect data annually from agencies. Each Executive 
agency shall provide accurate, complete and timely data to OFPP in its 
annual requests. Requests may include, but are not limited to:
    (1) Quantitative data on purchases of indicator items;
    (2) Contract compliance data reported through the FPDS system;
    (3) Data documenting the results of participation in agency or 
government-wide pilots;
    (4) Evidence of preference language included in service contracts, 
procurement forecasts, solicitations, and/or competitive sourcing 
studies; and/or
    (5) Evidence of annual training, compliance monitoring, corrective 
action plans and implementation of corrective actions.
    B. Criteria for agency reporting to OFPP on green product 
purchasing and service acquisitions will be updated as necessary to 
ensure consistency with the requirements of this policy letter.
    11. Information. Questions or inquiries about this policy letter 
should be directed to the Office of Federal Procurement Policy, 725 
17th Street, NW, Washington, DC 20503, telephone: 202-395-3501.
    12. Judicial review. This Policy Letter is not intended to provide 
a constitutional or statutory interpretation of any kind and it is not 
intended, and should not be construed, to create any right or benefit, 
substantive or procedural, enforceable at law by a party against the 
United States, its agencies, its officers, or any persons. It is 
intended only to provide policy guidance to agencies in the exercise of 
their discretion concerning federal contracting. Thus, this Policy 
Letter is not intended, and should not be construed, to create any 
substantive or

[[Page 73909]]

procedural basis on which to challenge any agency action or inaction on 
the ground that such action or inaction was not in accordance with this 
Policy Letter.
    13. Effective date. This policy letter is effective December 28, 
2007.

Paul A. Denett,
Administrator.
[FR Doc. E7-25211 Filed 12-27-07; 8:45 am]
BILLING CODE 3110-01-P