D.C. Code § 2-351.01 Purposes and policies
Effective: 4/8/11 – Through: 6/1/23
(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(b) In enacting this chapter, the Council supports the following statutory purposes:
(1) To simplify, clarify, and modernize the law governing the procurement of goods, services, and construction items by the District government;
(2) To foster effective and equitably broad-based competition in the District by supporting the free enterprise system and the certified business enterprise program as set forth in subchapter IX-A of Chapter 2 of this title [§ 2-218.01 et seq.], and its implementing rules;
(3) To obtain full and open competition by providing that contractors are given adequate opportunities to bid;
(4) To ensure the fair and equitable treatment of all persons who deal with the procurement system of the District government;
(5) To increase public confidence in the procedures followed in public procurement;
(6) To promote efficiency and eliminate duplication in the District government procurement organization and operation to reduce costs;
(7) To provide increased economy in procurement activities and maximize, to the fullest extent practicable, the purchasing power of the District government;
(8) To permit the continued development of procurement laws, policies, and practices;
(9) To provide for timely, effective, and efficient service to District agencies and individuals doing business with the District government;
(10) To promote the development of uniform procurement procedures District government-wide;
(11) To improve the understanding of procurement laws and policies within the District government by organizations and individuals doing business with the District government; and
(12) To promote, to the maximum extent feasible, the purchase of environmentally preferable products and services.
D.C. Environmental Specification Guidance for Cleaning Supplies
Effective: 3/1/15 – Through: 6/1/23
Attached file: DC_Clean_guidance_3.pdf
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Scope
This specification addresses four categories of products: A) general purpose cleaning products, B) disinfectants and sanitizers, C) specialty cleaning products, and D) miscellaneous janitorial supplies.
Specification Language
1. Cleaning, disinfecting, and sanitizing products shall include a Material Safety Data Sheet (MSDS) and product label with a list of ingredients and instructions for proper handling.
2. The product manufacturer or contractor shall offer training on the proper use of cleaning, disinfecting, and sanitizing products upon request.
3. Cleaning, disinfecting, and sanitizing products shall be ordered in concentrated form, wherever practical. Concentrated cleaning products shall be packaged and designed to be used in a closed dilution control system that limits worker exposure to chemical concentrates while facilitating the proper dilution of chemical concentrates.
CATEGORY A: GENERAL CLEANING PRODUCTS
1. The following cleaning products are classified as Category A:
a. General purpose (all purpose) cleaners and degreasers
b. Bathroom cleaners and deodorizers (includes hard surface, toilet, and urinal)
c. Glass, mirror, and window cleaners
d. Carpet, rug, and upholstery cleaners (includes routine and spot cleaning products)
e. Floor cleaners, strippers, sealers, and finishes
f. Hand soaps, hand cleaners, and hand sanitizers
2. Category A cleaning products shall be certified to at least ONE (1) of the following standards:
a. Green Seal,
b. EcoLogo, or
c. EPA Design for the Environment (DfE) (also referred to as EPA Safer Choice)
CATEGORY B DISINFECTING AND SANITIZING PRODUCTS
1. Disinfectants, including antimicrobial mold and mildew cleaners, and non-food contact surface sanitizers shall be EPA FIFRA-registered.
2.The District shall prioritize the purchase of disinfectants and non-food contact sanitizers that only contain the following ac-tive ingredients:
a. Hydrogen peroxide or accelerated hydrogen peroxide
b. Citric acid
c. Lactic acid
d. Caprylic acid
e. Silver
CATEGORY C SPECIALTY CLEANING PRODUCTS
1. The following cleaning products are classified as Category C Specialty Cleaning Products:
a. Metal polish (including but not limited to chrome and brass cleaner)
b. Furniture polish
c. Graffiti remover
d. Gum remover
e. Lime and scale remover
2. Category C specialty cleaning products shall either be:
a. Green Seal certified;
b. Ecologo certified;
c. EPA Safer Choice (also referred to as Design for the Environment (DfE) ; or
d. Not contain volatile organic compounds (VOCs) in concentrations that exceed the levels required by the California Air Resources Board’s (CARB) Regulation for Reducing Emissions from Consumer Products for the specific product category according to the most current version of the CARB regulations in effect at the time of purchase.
CATEGORY D MISCELLANEOUS JANITORIAL PRODUCTS
Products purchased by the District shall meet the following criteria:
1. Vacuum cleaners shall have high-efficiency particulate air (HEPA) filters.
2. Microfiber mops, cloths, and sponges shall be purchased instead of cotton.
3. Protective gloves shall not contain PVC or vinyl.
4. Paper towels shall contain at least 40% postconsumer recycled content (PCRC).
5. Toilet paper shall contain at least 20% PCRC.
6. Trash bin and recycling bin liners shall contain at least 10% PCRC or have a thickness of less than 0.7 ml.
7. Recycling bin liners shall be clear, white, or natural in color.
8. Composting bin liners shall be Biodegradable Products Institute (BPI) certified to meet the ASTM D6400 standard for commercial compostability of plastics.
Reporting
1. Material Safety Data Sheets (MSDS) and product labels for purchased cleaning, disinfecting, and sanitizing products – To be provided via email in Excel, Word, or in a PDF when purchased products are delivered.
2. Environmentally Preferable Products and Services (EPPS) Report – To be provided annually or as requested in Excel and delivered via email. The report shall include the following information:
a. Contractor name
b. Contract #
c. PO #
d. Contract award date
e. Product description – manufacturer description of product
f. Sku
g. Corresponding environmentally preferable product type based on the product types listed in the scope section of the Environmental Guidance Document for Cleaning Supplies (ex. Toilet paper)
h. Number of units sold
i. Price per unit
j. Total cost
k. Compliance with DC environmental criteria – Indicate how each product purchased is compliant with DC environ-mental requirements (ex. Green Seal certification). If the environmental requirement was not specified in the solicitation, indicate NA.
An EPPS Report template is available to assist Contractors in meeting the District’s EPPS reporting requirements on the Sustainable Purchasing Program web page.
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D.C. Environmentally Preferable Products and Services (EPPS) Policy
Effective: 1/1/15 – Through: 6/1/23
Attached file: DC_epps_policy_1.pdf
PROCUREMENT POLICY & PROCEDURE DIRECTIVE
SUBJECT: Environmentally Preferable Purchasing
ORIGINATING OFFICE: Office of the Director
1. PURPOSE: The purpose of this policy is to establish and maintain the use of environmentally preferable products and services by the Office of Contracting and Procurement (OCP).
2. AUTHORITY: This policy is being promulgated pursuant to D.C. Official Code §§ 2-352.04 and 2-361.01, and Mayor’s Order 2009-60.
3. APPLICABILITY: Unless expressly exempted, this Directive shall apply to all OCP employees, contractors, consultants, and volunteers.
4. POLICY STATEMENT:
4.1 Policy Statement. Agencies and contracting officers shall use environmentally preferable product and service (EPPS) specifications to the maximum extent possible and feasible.
4.2 Environmentally Preferable Products and Services refers to products or services that have a lesser or reduced effect on human health and the environment.
4.3 EPPS specification guidance refers to guidance documents developed in accordance with D.C. Official Code § 2-361.01 and Mayor’s Order 2009-60, and which is developed with consideration of such factors as performance, cost, and availability, and maintained on the Office of Contracting and Procurement web page.
4.4. Utilizing the EPPS specifications in the guidance described in Section 4/3 shall be deemed sufficient to meet environmental certification requirements outlined in PPRA Section 1101(a), D.C. Official Code § 2-361.01. To ensure EPPS are procured to the maximum extent practical, contracting staff shall utilize all EPPS programmatic tools and resources that support the implementation and maintenance of EPPS specifications as outlined in Section 5 Procedures and in the Sustainable Purchasing User Guide, which is maintained on the OCP web page.
5. PROCEDURES
5.1 EPPS Procurement Planning
5.1.1 When processing procurements contracting staff shall review the Office of Contracting and Procurement Acquisition Planning Tool report and identify whether the ordering agency noted the procurement as potentially EPPS.
5.2 Utilizing and Tracking Use of EPPS Specification Guidance
5.2.1 When processing a requisition for a product or service for which EPPS specification guidance is available, contracting staff shall utilized EPPS specification guidance provided on the OCP webpage whenever practical.
5.2.2 When a statement of work incorporates recommended EPPS requirements from the EPPS specification guidance, contracting staff shall:
5.2.2.1 Indicate the procurement as an EPPS purchase using the EPPS Indicator in the Ariba PASS system, and work with procurement stakeholders to track and implement the environmentally preferable requirements included in the contract throughout the term of the contract.
5.2.2.2 When a statement of work does not incorporate recommended EPPS requirements from the EPPS specification guidance, contracting staff shall:
5.2.2.2.1 Ask the requesting agency why recommended EPPS were not utilized.
5.2.2.2.2 Indicate the procurement is not an EPPS purchase in the Ariba PASS system; and
5.2.2.2.3 Indicate why an EPPS specification was not utilized.
5.2.2.3 When processing a requisition for which EPPS specification guidance is not available, but for which the requesting agency identifies the product as EPPS, contracting staff shall:
5.2.2.3.1 Explain the nature of the EPPS purchase in the Ariba PASS system “EPPS Indicator” comments section, and note the purchase as EPPS.
6. AMENDS OR SUPERCEDES. The issuance of this policy rescinds and supersedes OCP Policy No. 2000-05 “Environmentally Preferable Purchasing.”
7. EFFECTIVE DATE. This Directive shall become effective on January 1, 2015.
8. EXPIRATION DATE. This Directive shall remain in effect until rescinded.
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D.C. Code § 2-351.04 Definitions
Effective: 10/8/16 – Through: 6/1/23
For the purposes of this chapter, the term:
(1) “Affiliate” means any business in which:
(A) A suspended or debarred person is an officer or has a substantial financial interest and any business that has a substantial direct or indirect ownership interest in the suspended or debarred business; or
(B) A suspended or debarred business has a substantial direct or indirect ownership interest.
(2) “Agency” means any agency, employee, or instrumentality of the District government.
(2A) “Alternative technical concept” means a proposed change to an agency-supplied base design configuration, project scope, design criterion, or construction criterion that the agency determines is equal to or better than a requirement in a request for proposals.
(3) “Architectural and engineering services” means:
(A) Professional services of an architectural or engineering nature:
(i) Which are required to be performed or approved by a person licensed, registered, or certified to provide the services as described in this paragraph; or
(ii) Performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property.
(B) Other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying, mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.
(4) “Bid bond” means a form of security assuring that the bidder will not withdraw a bid within the period specified for acceptance and will execute a written contract within the time specified in the bid.
(5) “Bid price” means the dollar value of a price offering submitted in response to an Invitation for Bids.
(6) “Bidder” means any person who submits a price offering in response to an Invitation for Bids.
(7) “Bond” means a written instrument executed by a contractor (principal) and a second party (surety) to assure fulfillment of the contractor’s obligations to a third party (obligee or the District). If the principal’s obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee.
(8) “Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.
(9) “Change order” means a written order signed by the contracting officer, directing the contractor to make changes which the changes clause of the contract authorizes the contracting officer to order without the consent of the contractor.
(10) “Chief Financial Officer” or “CFO” means the Chief Financial Officer of the District of Columbia.
(11) “Chief Procurement Officer” or “CPO” means the director of the Office of Contracting and Procurement established by § 2-352.01.
(12) “Competitive sealed proposals” means a process which includes the submission of written technical and price proposals from one or more offerors and a written evaluation of each proposal in accordance with evaluation criteria which consider price, quality of the items, performance, and other relevant factors.
(13) “Construction” means the process of building, altering, repairing, improving, or demolishing any public infrastructure facility. The term “construction” does not include the routine operation, routine repair, or routine maintenance of an existing public infrastructure facility.
(14) “Construction management at-risk” means a project delivery method in which the purchasing agency awards a construction management services contract for a project to a single firm, based on qualifications, and under which contract the construction manager shall deliver the project within the GMP.
(15) “Contract modification” means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract.
(16) “Contracting officer” means the Mayor, the CPO, or the CPO’s designee vested with the authority to execute contracts on behalf of the District or otherwise bind the District in compliance with the provisions of this chapter.
(17) “Contractor” means a person that enters into a contract with the District.
(18) “Cooperative purchasing” means a procurement conducted by the District government with, or on behalf of, any government or public entity, including a state, county, or municipal jurisdiction or the Federal government.
(19) “Cost-plus incentive fee contract” means a type of contract that specifies a target cost, a target fee, minimum and maximum fees, and a fee adjustment formula.
(20) “Cost-reimbursement contract” means a contract under which the District reimburses the contractor for those contract costs, within a stated ceiling, which are recognized as allowable and allocated in accordance with cost principles, and a fee, if any.
(21) “Default Environmental Preference Standard” shall mean materials, supplies, services, or commodities that:
(A) Are available through the most current version of the GSA Environmental Specialty Category; or
(B) Meet or exceed applicable performance standards or requirements of:
(i) The Federal Energy Management Program;
(ii) The Electronic Products Environmental Assessment Tool Bronze rating;
(iii) The U.S. Department of Energy’s ENERGY STAR program;
(iv) The U.S. Environmental Protection Agency’s Comprehensive Procurement Guidelines; or
(v) Verification of a project under the Leadership in Energy and Environmental Design green building rating systems designed by the United States Green Building Council.
(22) “Definitive contract” means the contract executed pursuant to the letter contract commitment.
(23) “Design-bid-build” means a project delivery method in which the purchasing agency sequentially awards separate contracts, the 1st for architectural and engineering services to design the project and the 2nd for construction of the project according to the design.
(24) “Design-build” means a project delivery method in which the purchasing agency enters into a single contract for design and construction of an infrastructure facility.
(25) “Design-build-finance-operate-maintain” means a project delivery method in which:
(A) The purchasing agency enters into a single contract for design, construction, finance, maintenance, and operation of an infrastructure facility over a contractually defined period; and
(B) No District funds are appropriated to pay for any part of the services provided by the contractor during the contract period.
(26) “Design-build-operate-maintain” means a project delivery method in which:
(A) The purchasing agency enters into a single contract for design, construction, maintenance, and operation of an infrastructure facility over a contractually defined period; and
(B) All or a portion of the funds required to pay for the services provided by the contractor during the contract period are:
(i) Either appropriated by the District prior to award of the contract; or
(ii) Generated by the District through fare, toll, or user charges.
(27)(A) “Design requirements” means the written description of the infrastructure facility or service to be procured under this chapter, including:
(i) Required features, functions, characteristics, qualities, and properties that are required by the District;
(ii) The anticipated schedule, including start, duration, and completion; and
(iii) Estimated budgets (as applicable to the specific procurement) for design, construction, operation and maintenance.
(B) The written description may, but need not, include drawings and other documents illustrating the scale and relationship of the features, functions, and characteristics of the infrastructure facility or service.
(28) “Determinations and findings” means a form of written approval and detailed explanation as a prerequisite to taking certain contract actions, including the rationale for the method of procurement, the selection of contract type, contractor selection, and the basis for contract price.
(29) “District of Columbia Supply Schedule” or “DCSS” means the District of Columbia’s multiple award schedule or other procurement program under which contracts may be awarded to certified business enterprises, as defined in § 2-218.02(1B), providing goods, services, or construction to District government agencies.
(30) “Environmentally Preferable Product or Service” or “EPPS” means a good or service that is less harmful to human health and the environment when compared with competing goods or services that serve the same purpose. The factors to be compared include raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.
(31) “Evaluated bid price” means the dollar amount of a bid after bid price adjustments are made under objective measurable criteria, set forth in the Invitation for Bid, which affect the economy and effectiveness in the operation or use of the product, including the reliability, maintainability, useful life, and residual value.
(32) “Fixed-price contract” means a contract where the price is not subject to any adjustment on the basis of the contractor’s cost experience in the performance of the contract.
(33) “Fixed-price incentive contract” means a contract that:
(A) Provides for adjusting profit; and
(B) Subject to a ceiling, establishes the final contract price by a formula based on the relationship of final negotiated price to total target cost.
(34) “Fully allocated cost” means the total direct and indirect costs of providing a good, service, or function. The term “fully allocated cost” includes:
(A) Direct personal services costs, including wages, salaries, and fringe benefits;
(B) Non-personal services costs including materials, goods, equipment, maintenance and repairs, utilities, insurance, travel, and capital and equipment depreciation cost; and
(C) General and administrative overhead.
(34A) “Function closely associated with an inherently governmental function” means a function that is not an inherently governmental function, but is similar to an inherently governmental function because of the nature of the function, the manner in which the contractor performs the function, or the manner in which the government administers the contractor’s performance of the function, as determined by application of the criteria set forth under § 2-352.05a.
(35) “Goods” means all personal property, tangible or intangible.
(36) “Guaranteed Maximum Price” or “GMP” means an amount beyond which the District government is not obligated to compensate a contractor.
(37) “Human care agreement” means a written agreement for the procurement of education, special education, health, human, or social services, pursuant to § 2-354.06, to be provided directly to individuals who have disabilities or are disadvantaged, displaced, elderly, indigent, mentally ill, physically ill, unemployed, or minors in the custody of the District.
(37A) “Public infrastructure facility” includes any public structure, public building, any element of the Integrated Premium Transit System, as that term is defined in § 50-921.04(b)(2), and other public improvements of any kind to real property.
(37B) “Inherently governmental function” means a function that is so intimately related to the public interest as to require performance by District government employees, as determined by application of the criteria set forth under § 2-352.05a.
(38) “Invitation for Bids” means all documents, including documents attached or incorporated by reference, used for soliciting bids pursuant to § 2-354.02.
(38A) “Labor organization” shall have the same meaning as provided in § 2-1401.02(15).
(39) “Letter contract” means a written preliminary contractual instrument that authorizes the contractor to begin immediately manufacturing or delivering goods or performing services prior to the execution of a definitive contract.
(40) “Machine-readable and searchable” means electronic text that is stored as strings of characters and that can be displayed in a variety of formats.
(41) “Negotiation” means discussions to determine the terms and conditions of a contract or procurement.
(42) “OCP” means the Office of Contracting and Procurement established by § 2-352.01.
(43) “Offeror” means any person who submits a technical and price proposal in response to a Request For Proposals or a response to a Request For Qualifications.
(44) “Operations and maintenance” means a project delivery method whereby the purchasing agency enters into a single contract for the routine operation, routine repair, and routine maintenance of an infrastructure facility.
(45) “Payment bond” means a bond to assure payment to all persons supplying labor or material in the performance of the work provided in the contract.
(46) “Performance bond” means a bond to secure performance and fulfillment of the contractor’s obligations under the contract.
(47) “Privatization contract” means a contract by which the District government enters into an agreement with a person who is not part of the District government to provide a good or service to or on behalf of the District government that is being provided by a District government agency or instrumentality.
(48) “Procurement” means buying, purchasing, renting, leasing, or otherwise acquiring any goods, services, or construction.
(49) “Proposal development” means documents, drawings, and other design-related documents that are sufficient to fix and describe the size and character of an infrastructure facility as to architectural, structural, mechanical, and electrical systems, materials, and other elements as may be appropriate to the applicable project delivery method.
(50) “Public notice” means the distribution or dissemination of information to interested parties using methods that are reasonably available. Methods may include publication in newspapers, electronic or paper mailing lists, and websites designated by the District; provided, that competitive sealed bids pursuant to § 2-354.02 and competitive sealed proposals pursuant to § 2-354.03 for any solicitation in excess of $250,000 shall include publication in a newspaper of general circulation and in trade publications considered to be appropriate by the CPO to give adequate public notice.
(51) “Purchase Card Program” means the credit card program under which agencies are authorized to make purchases for goods or services.
(52) “Request for Proposals” or “RFP” means all documents, whether attached or incorporated by reference, used for soliciting proposals pursuant to § 2-354.03.
(53) “Request for Qualifications” or “RFQ” means a written document inviting prospective contractors to submit a statement of their qualifications to provide certain goods or services.
(53A) “Restricted period” means the period of time commencing with the earliest written notice, advertisement, or solicitation of a request for proposal, invitation for bids, or any other method of soliciting a response from offerors or bidders intended to result in a contract with the District, and ending with either the execution of the final contract and its approval by the District or submission of the contract to the Council for its review when such submission is required pursuant to § 1-204.51.
(54) “Reverse auction” means an online procurement method whereby pre-qualified suppliers compete with one another to provide a good or service, typically commodities, to a buyer or group of buyers.
(55) “Responsible” or “responsibility” means that a prospective contractor has been determined, under § 2-353.02, to have the necessary capacity to perform in accordance with the terms and conditions of the contract.
(56) “Responsive bidder or offeror” means a person who has submitted a bid or offer which conforms in all material respects to the solicitation.
(57) “Sanitize” means the process of removing data from a media source before the item is reused in an environment that does not provide an acceptable level of protection for the data.
(58) “Services” means the furnishing of labor, time, or effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. The term “services” shall not include the furnishing of time, labor, or effort pursuant to employment agreements or collective bargaining agreements.
(59) “Sole source” means that a single source in a competitive marketplace can fulfill the specifications of a contract.
(60) “Source selection” means the process of soliciting a bidder or offeror for the awarding of a contract and the subsequent evaluative process, based on established award criteria, delineated in the solicitation document.
(61) “Special education services” means the services defined in 34 C.F.R. § 300.24.
(62) “Specification” means any description of physical or functional characteristics or of the nature of a good, service, or construction item. The term “specification” includes a description of any requirement for inspecting, testing, or preparing a good, service, or construction item for delivery.
(63) “Statement of qualifications” means a written document, submitted to OCP by a prospective contractor wishing to obtain a District government contract, which sets forth the prospective contractor’s qualifications as requested by the CPO.
(64) “Surety” means a business legally liable for the debt, default, or failure of a principal to satisfy a contractual obligation.
(65) “Surplus goods” means any goods no longer having any use to the District. The term “surplus goods” includes obsolete goods, scrap materials, and nonexpendable goods that have completed their useful life cycle.
(66) “Surplus Property Fund” means the District of Columbia Surplus Property Sales Revolving Fund established by § 2-358.04 [repealed].
(67) “Term contract” means a contract established for a period of time for bulk purchase of goods commonly used by the District.
(68) “Voucher” means a written authorization to a human care agreement service provider to provide the services authorized in the agreement to an individual identified in the agreement.
(69) “Written” or “in writing” means the product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored, other electronic media, and digital files.
D.C. Code § 2-361.01 Green procurement
Effective: 1/1/23 – Through: 6/1/23
(a) Except for emergency procurements, before entering into any contract in excess of $ 100,000, the District shall issue an environmental certification to demonstrate, to the maximum extent practicable, the purchase of an EPPS.
(b) An environmental certification shall not be required for procurements that conform to an applicable Default Environmental Preference Standard.
(c) The requirement shall be satisfied if a District solicitation included a requirement that a contractor provide an EPPS.
(d) Within one year after December 24, 2013, and annually thereafter, OCP shall prepare and submit to the Council a report detailing the progress of this policy, including the following elements:
(1) Total contracting amount, and percentage of contracting amount, spent on EPPS;
(2) Successes and challenges to implementing the policy; and
(3) Changes to policies or standards.
D.C. Mayor’s Order 2009-060, Promoting Environmentally Preferable Purchasing in the District of Columbia
Effective: 4/17/09 – Through: 6/1/23
Attached file: DC_epps_mayoral_order.pdf
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Mayor’s Order 2009-60
April 17, 2009
SUBJECT: Promoting Environmentally Preferable Purchasing in the District of Columbia
ORIGINATING AGENCY: Office of the Mayor
By virtue of the authority vested in me as Mayor of the District of Columbia by section 422(2) of the District of Columbia Home Rule Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Official Code (2008 Supp.) § 1-204.22, it is hereby ORDERED that:
1. Purpose:
The purpose of this administrative issuance is to require the procurement of Environmentally Preferable Products and Services (EPPS) in the District of Columbia to the maximum extent practicable.
II. Requirements:
The Office of Contracting and Procurement, with the support of the District Department of the Environment, shall aggressively explore opportunities for procuring goods and services that have a lesser or reduced negative effect on human health and the environment, and shall actively promote the purchase of EPPS to the maximum extent possible and feasible. Acquisitions of goods and services shall consider, along with the traditional concerns of price, performance, and availability: human health, pollution reduction, the conservation of natural resources, waste-stream diversion, and the use of sustainable environmental practices among District suppliers.
III. EFFECTIVE DATE: This Order shall become effective immediately.
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D.C. Environmental Specification Guidance for Food Services
Effective: 10/1/14 – Through: 6/1/23
Attached file: DC_fs_guidance.pdf
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Scope
All contractor-provided food services, including food sourcing, packaging, food waste reduction, water and energy conservation, solid waste recycling, and composting.
Specification Language
Food services providers for the District of Columbia shall meet the environmental criteria defined below.
Purchases of Food and Beverages
A minimum of 20% of all food and beverage purchases shall be locally-sourced from Delaware, the District of Columbia, Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West Virginia. This amount shall be calculated as a percentage of the total amount spent on purchases of food or beverages.
A minimum of 80% of all seafood purchases shall be from species that are not listed on the Monterey Bay Aquarium Seafood Watch “AVOID” list or from sources certified by the Marine Stewardship Council, with documentation that the purchase is only from certified sources.
Where applicable, tap water shall be made available.
Solid Waste Recycling
The contractor shall assist the District in recycling all types of materials for which recycling is available through the proper sorting of recyclables from compostable items and waste. Recyclable items shall align with those accepted by the facility’s waste, recycling, and composting programs.
Fats, Oils, and Grease Recycling
Contractors shall support the District in implementing a program to collect and recycle used frying oil and oil collected from grease recovery devices, when applicable.
Composting
Contractors shall support the District in implementing composting programs through proper sorting of waste, recyclables, and compostable items which include food waste.
Use of Disposable Products
Expanded polystyrene packaging and cups shall not be used.
Full-service operations shall not use disposable or single-use utensils or serving ware; an exception may be permitted for takeaway food, for dining areas that do not have a functioning dishwasher onsite, or when reusable items may pose a safety hazard for the specific populations being served.
Full-service operations shall not use disposable or single-use utensils or serving ware; an exception may be permitted for takeaway food, for dining areas that do not have a functioning dishwasher onsite, or when reusable items may pose a safety hazard for the specific populations being served.
All Disposable Foodservice Ware designed for onsite use and disposal shall be aligned with the waste, recycling, and composting programs and policies of the facility and be in compliance with the Sustainable DC Omnibus Act of 2014 which goes into effect on January 1, 2017 and the Sustainable Solid Waste Management Amendment Act of 2014.
All Disposable Foodservice Ware designed for off-site use and disposal shall be recyclable or compostable or made with recycled content and be in compliance with the Sustainable DC Omnibus Act of 2014 when it goes into effect on January 1, 2017 and the Sustainable Solid Waste Management Amendment Act of 2014.
Compostable packaging shall be third party certified through the Biodegradable Products Institute (BPI) to meet one of the following standards:
ASTM D6400: Standard Specification for Compostable Plastics (www.astm.org/Standards/D6400.htm
ASTM D6868: Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other Compostable Substrates (www.astm.org/Standards/D6868.htm)
Recyclable packaging shall be made of materials that can be recycled using the District’s recycling collection program.
Disposable napkins, utensils, and straws shall be available upon request or from self-serve dispensers, where applicable.
Condiments shall be available through self-serve dispensers, where applicable. Individual-use packets may be provided upon request or distributed when populations being served have restricted or limited mobility, such as the elderly or handicapped.
The Contractor shall not purchase waxed cardboard packaging for use in operations, unless it is accepted by a local composting service.
Transport packaging, or packaging used to carry food from the location at which it has been prepared to another location, shall be reusable, rather than single-use.
Disposable paper products (excluding sanitary paper) shall be environmentally preferable, and meet the requirements set forth in the Cleaning Supplies specification.
Disposable carryout bags shall meet the material and labeling requirements in 57 DCR 7208, 7209; Sections 21-1002 and 21-1006 (http://dcregs.dc.gov/Gateway/NoticeHome.aspx?NoticeID=473765).
Food Donation
Food that is suitable for consumption but will not be served to target populations shall be donated, where local food donation programs are available and liability concerns can be addressed. The contractor shall establish guidelines to determine the suitability of food to be donated for human and animal consumption and shall be in compliance with DC’s municipal regulations for food and food operations (DCMR 25-A). Priority shall be given to donations for human consumption, followed by animal feed.
Waste Audit
The Contractor shall set a goal for reducing food waste, and conduct quarterly waste audits of total pre-consumer waste. The amounts and types of pre-consumer waste shall be recorded over at least three days of normal operation, and then normalized to the contractor’s cost or weight of food purchases or other mutually agreed upon measure. Examples of appropriate methods may include recording the weight, number, or volumes of bags either through measurement performed by the contractor or through collecting data supplied by the hauler.
These results shall be compared to the data from previous audits and tracked over time.
The Contractor also shall support the District in conducting more detailed audits as requested from time to time through sorting, storing, and labeling bags or containers of waste, recyclables, and compostables following instructions provided by the District.
Purchasing of Dry Cleaning Services
Linen and uniforms shall be cleaned without perchloroethylene, where practicable.
Cleaning Supplies and Procedures
The Contractor shall follow the requirements set forth in the Cleaning Supplies specification when purchasing cleaning supplies.
The Contractor shall follow all applicable procedures set forth in the Janitorial Supplies specification.
Purchasing Appliances or Equipment
For a contractor required to purchase appliances, the Contractor shall follow the requirements set for in the Appliances specification.
For a contractor responsible for maintaining and purchasing water fixtures, the Contractor shall purchase those fixtures labeled by EPA’s WaterSense program or have flow rates that do not exceed those specified by WaterSense.
For a contractor responsible for purchasing and maintaining lighting, the Contractor shall install ENERGY STAR certified light bulbs and light fixtures, where practical.
Water and Energy Conservation Checklists
The Contractor shall maintain a checklist of all tasks necessary to conserve water and energy, and a schedule for performing each task.
The Water Checklist shall address at least the following, as applicable:
a. Turn off faucets when not in use.
b. Regularly check for leaks and repair them.
c. Maintain toilets and urinals.
d. Do not use running water to defrost items or melt ice in sinks.
e. Hand-scrape dishes before loading into the dishwasher.
f. Operate dishwashers when full, when possible.
g. Avoid spraying or hosing floors with water: use dry cleaning methods followed by damp mopping, and give preference to spot cleaning when wet cleaning methods are required.
h. Set dishwasher temperature to the lowest temperature allowed by health regulations and consistent with the type of sanitizing system used.
The Energy Checklist shall address at least the following, as applicable:
a. Perform and document maintenance of appliances as recommended by the manufacturer, if applicable.
b. Set thermostats to cool at 85°F or to heat at 62°F during non-operating hours, if applicable. If this is not feasible, temperatures during non-operating hours shall be set as close as possible to the temperatures specified above.
c. Set hot water heaters in accordance with the minimum or recommended supply temperature for the facility’s dishwaters. In absence of a dishwasher, water temperature shall be set in accordance with minimum health code requirements.
d. Monitor refrigerator and freezer temperatures.
Employee Training
The Contractor shall train all employees on the operating procedures, whether written or unwritten, that are needed in order to conform to this specification.
These procedures shall be reviewed for relevance, feasibility, and effectiveness during annual training, and updated as necessary.
New hires shall be trained on these procedures as part of their initial training.
Reporting
The Contractor shall document that the products and services supplied under this contract comply with key environmental criteria noted above. The Contractor shall submit the following information to the designated District point of contact.
1. Locally Sourced Food Report – The report shall be provided quarterly in excel via e-mail and provide at minimum:
a. Dollars spent on local food
b. Percentage of dollars spent on local food
c. Dollars spent on non-local food
d. Percentage of dollars spent on non-local food.
2. Certified Seafood Spend Report– The report shall be provided quarterly in excel via e-mail and provide at minimum:
a. Dollars spent on certified and non-certified seafood
b. Percentage of dollars spent on certified and non-certified seafood
3. Disposable Product Report – The report shall be provided annually in excel or word document via e-mail and include at minimum:
a. Item purchased
b. Item description, (manufacturer description and material type)
c. Items categorized as compostable, recyclable, or containing recycled content
. 4. Cleaning Product List: To be provided annually in excel or word via e-mail, and provide at minimum:
a. Product type (degreaser, detergent, etc.)
b. Product name
c. Applicable eco-label
5. Training Report: To be provided annually in a word document via e-mail, and provide at minimum:
a. Copy of most recent training curriculum.
b. Employees who completed training
c. Date of employee training
6. Environmental Progress Report to be provided in a word document via e-mail on an annual basis.
a. Report describing the Contractor’s success implementing environmental requirements of the contract, and describing opportunities for environmental improvement to the contract.
7. Waste Audit Report: To be provided quarterly in excel or word document via e-mail, and provide at minimum:
a. Volume or weight of recyclable waste
b. Volume or weight destined for composting facility
c. Volume or weight destined for landfill
d. Quarterly sales, cost of food purchases or weight of food purchases
e. Volume or weight destined for landfill divided by the quarterly sales, cost of food purchases or weight of food purchases
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D.C. Environmental Specification Guidance for Furniture
Effective: 10/1/14 – Through: 6/1/23
Attached file: DC_Furn_guidance.pdf
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Scope
This specification addresses furniture used in schools and offices, including:
1. Chairs
2. Cubicles
3. Desks
4. Modules
5. Shelves
6. Sofas
7. Storage cabinets
8. Tables
9. Workstations
Specification Language
Furniture purchased by the District of Columbia shall be certified to at least ONE (1) of the following standards:
GREENGUARD or GREENGUARD Gold
SCS Indoor Air Advantage or SCS Indoor Air Advantage
Cradle to Cradle (certified at Basic, Bronze, Silver, Gold, or Platinum)
BIFMA Level (certified at Level 1, 2, or 3), with scorecard provided that shows at least one point for Credit 7.6, Low-emitting Furniture
Reporting
At the frequency specified in the solicitation, the Contractor shall submit to the Contracting Officer an EPPS Report, indicating that the products supplied to the District comply with the District’s EPPS criteria. The following information shall be included in the report:
a. Contractor name
b. Contract award date
c. Contract #
d. PO #
e. Product description – manufacturer description of product
f. Sku
g. Number of units sold
h. Total cost
i. Compliance with DC environmental criteria – Indicate how each product purchased is compliant with DC environmental requirements (ex. GREENGUARD certification). If the environmental requirement was not specified in the solicitation, indicate NA.
An EPPS Report template is available to assist Contractors in meeting the District’s EPPS reporting requirements on the Sustainable Purchasing Program web page.
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