MD Department of General Services

List of Acceptable Recycled Products

State Finance and Procurement Article, Title 13-205, Annotated Code of Maryland in referencing Recycled Products states that a unit shall draft specifications to encourage maximum practicable competition without modifying the requirements of the State. It further states a unit may not draft specifications to favor a single prospective bidder or offeror. The Code of Maryland Regulations (COMAR) 21.11.07.05 states that procurement specifications are to require the use of products on the Acceptable Recycled Products List. Each procurement agency shall review its procurement specifications and to the extent practicable, require the use of supplies and materials containing recycled materials.

In addition, according to Title 13-205, the prospective bidder or offeror of supplies or construction is required to state in the bid or offer whether the procurement will or may include recycled materials. They are to included the types, amounts and application of recycled materials intended to be used in the procurement.

Referencing State Finance and Procurement Article, Title 14-402; and COMAR 21.11.07.01, the Department of General Services in consultation with other Departments listed in these Titles and the University of Maryland shall establish a list of acceptable products which contain recycled materials. As necessary the Department of General Services is also to meet with representatives of the recycling industry and environmental organizations. This Acceptable Recycled Products List shall be distributed to all State agencies. The list shall be published in the Maryland Register for use by State agencies at least twice each year, but not later the January 1, and July 1 of each year. These requirements are to encourage the maximum purchase of commodities utilizing recycled materials.

This section is broadly applicable to all procurements by the State if the quality of the product is consistent with the requirements of the bid specifications in accordance with State Finance and Procurement Article, Title 14-405; and COMAR 21.11.07.05. It does not apply to a procurement by the State if the Procurement Officer determines that compliance with this section would cause denial of federal money or be inconsistent with the requirements of federal law.

In accordance with COMAR 21.11.07.06 whenever provisions of this chapter cannot be satisfied, the Procurement Officer shall make a Determination. The Determination is subject to the approval of the agency head. It explains or justifies the need to make a procurement which does not satisfy the requirements of this chapter. The Determination is to be retained in the contract file for at least three years.

State Finance and Procurement Article, Title 14-402; in addition to COMAR 21.11.07.03, states that in the procuring of paper or paper products the Secretary of General Services shall buy or approve for purchase only supplies that are produced (or manufactured) from recycled paper, to the fullest extent practicably possible. At least 40% of the total volume of paper purchased shall be recycled paper.

At least 80% of the recycled paper product total weight must consist of a manufacturing process that has converted a raw material into a valuable commodity and includes a total gross content of post consumer waste of at least 80%. When a paper product that meets the above definition is not available, the Department of General Services may purchase recycled paper products that have the highest percentage of post consumer material; provided reasonable levels of competition, cost availability and technical performance are maintained. At a minimum the product must conform to the definitions set forth in the Environmental Protection Agency guideline for federal procurement of paper and paper products containing recovered materials.

In accordance with State Finance and Procurement Article, Title 14-402, each State unit shall report to the Department of the Environment on the unit's procurement of recycled materials. Each unit is also to report on its' use of the percentage price preference during the preceding fiscal year. This is to include the types and quantities of materials procured. It is also to include the percentage of recycled materials in the unit's gross purchases. The report is to be submitted no later than September 1, of each year.

State Finance and Procurement Article, Title 14-405 and COMAR 21.11.07.05 refers to the Percentage Price Preference for products made from recycled materials. That is material recovered from or otherwise destined for the waste stream. It includes post consumer material, industrial scrap material, compost and obsolete inventories. Referencing COMAR 21.11.07.01, Post Consumer Material means only those products generated by businesses or consumers which have served their end uses and which have been separated or diverted from solid waste for the purpose of collection for recycling or reuse.

Percentage Price Preference means the percent by which a responsive bid from a responsible bidder whose product contains recycled materials may exceed the lowest responsive bid submitted by a responsible bidder whose products do not contain recycled materials. The percentage is not to exceed 5% for the purchase of products made from recycled materials. This preference may not be used in conjunction with any other percentage price preference established under this chapter.

A procurement agency shall accept the most favorable responsive bid from a responsible bidder whose product is on the Acceptable Recycled Products List. A bid which does not exceed by the established percentage price percentage the most advantageous responsive bid received from a responsible bidder whose product is not entitled to a price preference.