DOD INSTRUCTION 4105 - Executive Services …

1 DOD INSTRUCTION PROCUREMENT OF SUSTAINABLE GOODS AND Services Originating Component: Office of the Under Secretary of Defense for acquisition , Technology, and Logistics Effective: September 7, 2016 Releasability: Cleared for public release. Available on the Department of Defense (DoD) Issuances Website at Approved by: Frank Kendall, Under Secretary of Defense for acquisition , Technology, and Logistics Purpose: This issuance: Establishes policy, assigns responsibilities, and prescribes procedures for the procurement of sustainable goods and Services to reduce both life-cycle costs and the impact of DoD activities on the environment in accordance with the authority in DoD Directive Establishes the DoD Sustainable Procurement Program Working Group (DSPPWG) in accordance with the authority in DoD INSTRUCTION (DoDI) to identify, discuss, provide recommendations, and resolve issues to support successful implementation of a Sustainable Procurement Program (SPP). DoDI , September 7, 2016 TABLE OF CONTENTS 2 TABLE OF CONTENTS SECTION 1: GENERAL ISSUANCE INFORMATION.

2 3 Applicability.. 3 Policy.. 4 Information Collections.. 5 SECTION 2: RESPONSIBILITIES .. 7 Under Secretary of Defense for acquisition , Technology, and Logistics (USD(AT&L)).. 7 Assistant Secretary of Defense for Energy, Installations, and Environment (ASD(EI&E)).. 7 Assistant Secretary of Defense for Logistics and Materiel Readiness (ASD(L&MR)).. 8 Director, DPAP.. 8 Director, DLA.. 9 DoD Component Heads.. 10 SECTION 3: PROCEDURES .. 13 DSPP 13 Planning.. 13 Implementation.. 13 Evaluation and Corrective Action.. 15 Management Review.. 15 GLOSSARY .. 17 Acronyms.. 17 Definitions.. 17 REFERENCES .. 21 DoDI , September 7, 2016 SECTION 1: GENERAL ISSUANCE INFORMATION 3 SECTION 1: GENERAL ISSUANCE INFORMATION APPLICABILITY. This issuance: a. Applies to: (1) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this issuance as the DoD Components ).

3 (2) DoD installations and activities inside the United States and its territories. (3) Contracts performed outside theUnited States when the DoD Component head determines that such application is in the interest. (4) Permanent overseas installations where practical or required by an applicable country-specific final governing standard. (5) Contractors operating and purchasing products for use on DoD installations. (6) Contractors purchasing products for use on installations outside the United States only when the DoD Component head determines that such application is in the interest. (7) Nonappropriated fund (NAF) instrumentalities and procurement when purchasing Environmental Protection Agency (EPA)-designated recovered content products pursuant to Section 6962 of Title 42, United States Code ( ) and Executive Order ( ) 13693. b. Does not apply to: (1) acquisition of weapons systems. DoDI and the Defense acquisition Guidebook provide DoD requirements and guidance for environment, safety, and occupational health risk reduction; hazardous materials minimization; and environmental impact analysis for DoD weapons systems acquisition .

4 (2) NAF instrumentalities and procurement, which are governed by DoDI , with the exception of purchases described in Paragraph ( 7) . (3) acquisition of alternative fuels for operational platform purposes, which is governed by the July 5, 2012, Assistant Secretary of Defense for Operational Energy Plans and Programs Memorandum. DoDI , September 7, 2016 SECTION 1: GENERAL ISSUANCE INFORMATION 4 POLICY. The DoD will: a. Implement a sustainable procurement program pursuant to federal and DoD policy and standards in: (1) Section 141 of Public Law (PL) 110-140 (federal vehicle fleets). (2) Section 350 of PL 105-85 and Section 2378 of Title 10, (recycled copier paper). (3) Sections 6962 (Resource Conservation and Recovery Act green procurement) and 8259b (energy-efficient products) of Title 42, (4) Section 9002 of PL 107-171 (biobased products). (5) Section 301 of PL 102-486 (alternative fuels). (6) Part 247 of Title 40, Code of Federal Regulations (CFR) ( products containing recovered materials).

5 (7) Part 23 of Title 48, CFR and other applicable parts of the Federal acquisition Regulation (FAR). (8) 13693. (9) The White House Council on Environmental Quality (CEQ) Implementing instructions on 13693. (10) DoDI (11) DoD Directive (12) Defense acquisition Guidebook. (13) The DoD Strategic Sustainability Performance Plan (SSPP). b. Give preference to procurement of sustainable goods and Services using or supplying sustainable goods unless: (1) The good or service cannot be acquired competitively within a reasonable performance schedule; (2) The good or service cannot be acquired that meets reasonable performance requirements; (3) The good or service cannot be acquired at a reasonable price consistent with Section 6962 of Title 42, , and Section 9002 of PL 107-171; or DoDI , September 7, 2016 SECTION 1: GENERAL ISSUANCE INFORMATION 5 (4) An exception is provided by statute, such as the exception to procuring ENERGY STAR or Federal Energy Management Program (FEMP)-designated products in accordance with Section 8259b(b)(2) of Title 42, c.

6 Implement a DoD Sustainable Procurement Program (DSPP) that addresses the following goals and preferences for: (1) Recycled content products designated by EPA under Part 247 of Title 40, CFR. (2) Energy-efficient products and Services , such as ENERGY STAR qualified and FEMP-designated products, identified by the EPA and Department of Energy under Part 436 of Title 10, CFR. (3) Products the Department of Agriculture designates BioPreferred and biobased under PL 107-171. (4) Significant New Alternatives Policy (SNAP) program chemicals or other alternatives to ozone-depleting substances and high global warming potential hydrofluorocarbons under 13693. (5) WaterSense certified products and Services (water-efficient products) under 13693. (6) Safer Choice labeled products (chemically intensive products that contain safer ingredients) under 13693. (7) SmartWay Transport partners and SmartWay products (fuel-efficient products and Services under 13693. (8) Alternative fuels and alternative fuel vehicles under PL 102-486.)

7 (9) Low greenhouse gas-emitting vehicles under PL 110-140. (10) Products that produce renewable energy under 13693. (11) Sustainable building products under 13693. (12) Environmentally sustainable electronic products under 13693. (13) Alternatives to hazardous or toxic chemicals under 13693. INFORMATION COLLECTIONS. a. The data collected in the DoD SSPP, referred to in Paragraph , is submitted to the Office of Management and Budget. The DoD SSPP does not require licensing with a report control symbol in accordance with Paragraph (9) of Enclosure 3 of Volume 1 of DoD Manual (DoDM) DoDI , September 7, 2016 SECTION 1: GENERAL ISSUANCE INFORMATION 6 b. DD Form 3025, Sustainable Procurement Program acquisition Report, referred to throughout this issuance, has been assigned report control symbol DD-AT&L(SA)2612 in accordance with the procedures in Volume 1 of DoDM DoDI , September 7, 2016 SECTION 2: RESPONSIBILITIES 7 SECTION 2: RESPONSIBILITIES UNDER SECRETARY OF DEFENSE FOR acquisition , TECHNOLOGY, AND LOGISTICS (USD(AT&L)).

8 The USD(AT&L): a. Oversees implementation of this issuance. b. Serves as the decision-making authority for sustainable procurement, including establishing program scope, goals, and priorities, and issuing and maintaining policy and guidance for SPPs. ASSISTANT SECRETARY OF DEFENSE FOR ENERGY, INSTALLATIONS, AND ENVIRONMENT (ASD(EI&E)). Under the authority, direction, and control of the USD(AT&L), the ASD(EI&E): a. Promotes DoD sustainable procurement policies and programs in conjunction with the Director, Defense Procurement and acquisition Policy (DPAP). b. Shares best practices for sustainable procurement across the DoD and other federal agencies. c. Works with the senior and DoD Component acquisition executives and DPAP to review and analyze sustainable procurement indicators, including consolidation and preparation of the SPP acquisition Report, using DD Form 3025 to the Office of Federal Procurement Policy and the CEQ. d. Serves as the chief s ustainability officer providing oversight of the Senior Sustainability Council (SSC) (established by the November 26, 2010, Deputy Under Secretary of Defense for Installations and Environment action memorandum) and advising SSC members on actions necessary to meet DD Form 3025 requirements pursuant to the June 1, 2015, Deputy Secretary of Defense letter.

9 E. Supports the incorporation of sustainable procurement training into courses offered through the Defense acquisition University that are determined to be appropriate for inclusion of such training. f. Establishes the charter for and appoints a co-chair to the DSPPWG. g. Works with DPAP to oversee and document DoD-level management reviews of DoD Sustainable Procurement Program implementation. h. Provides an advisory member for the Joint Group on Environmental Attributes (JGEnvAtt) in accordance with Defense Logistics Agency (DLA) INSTRUCTION 4112 and DLA Manual 4112. DoDI , September 7, 2016 SECTION 2: RESPONSIBILITIES 8 ASSISTANT SECRETARY OF DEFENSE FOR LOGISTICS AND MATERIEL READINESS (ASD(L&MR)). Under the authority, direction, and control of the USD(AT&L), the ASD(L&MR): a. Develops and distributes DoD sustainable procurement policies and regulations in conjunction with the ASD(EI&E) and the Director, DPAP. b. Develops and issues supply chain materiel management policies and guidance to support sustainable procurement operations.

10 C. Serves as a member of the SSC. d. Provides a staff member with appropriate expertise to serve permanently on the DSPPWG. e. Oversees the DLA sustainable procurement activities to ensure: (1) Implementation of SPPs. (2) Operation of the JGEnvAtt. DIRECTOR, DPAP. Under the authority, direction, and control of the USD(AT&L), the Director, DPAP: a. Develops and distributes DoD sustainable procurement policies and regulations in conjunction with the ASD(EI&E) and in accordance with the FAR and the Defense Federal acquisition Regulation Supplement ( DFARS). b. Develops contract clauses in accordance with the FAR and DFARS to support sustainable procurement operations. c. Promotes DoD sustainable procurement policy and shares best practices for sustainable procurement across DoD and other federal agencies. d. Works with the ASD(EI&E) to: (1) Review and analyze sustainable procurement indicators. (2) Support the chief sustainability officer requirements, including: (a) Establishing reporting requirements.