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A21 PROCUREMENT OF RECOVERED MATERIALS <br />A21.1 <br />2 CFR § 200.322 <br />40 CFR part 247 <br />SOURCE <br />Solid Waste Disposal Act <br />A21.2 APPLICABILITY <br />Sponsors of AIP funded development and equipment projects must comply with Section 6002 of the <br />Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Section 6002 <br />emphasizes maximizing energy and resource recovery through use of affirmative procurement actions <br />for recovered materials identified in the Environmental Protection Agency (EPA) guidelines codified at <br />40 CFR part 247. When acquiring items designated in the guidelines, the sponsor must procure items <br />that contain the highest percentage of recovered materials practicable, consistent with maintaining a <br />satisfactory level of competition. <br />Contract Types -This provision applies to any contracts that include procurement of products <br />designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the <br />value of the quantity acquired by the preceding fiscal year exceeded $10,000. <br />Construction and Equipment-Include this provision in all construction and equipment projects. <br />Professional Services and Property-Include this provision if the agreement includes <br />procurement of a product that exceeds $10,000. <br />Use of Provision -No mandatory text provided. The following language is acceptable to the FAA and <br />meets the intent of this requirement. If the sponsor uses different language, the sponsor's language <br />must fully satisfy the requirements of 2 CFR § 200. <br />A21.3 CONTRACT CLAUSE <br />PROCUREMENT OF RECOVERED MATERIALS <br />Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as <br />amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part <br />247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors <br />are to use products containing the highest percentage of recovered materials for items designated by the <br />Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: <br />1) The contract requires procurement of $10,000 or more of a designated item during the fiscal <br />year; or <br />2) The contractor has procured $10,000 or more of a designated item using Federal funding during <br />the previous fiscal year. <br />Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects <br />Issued on December 12, 2017 Page 57