§ 8-03 Minimum Content Standards and Applicability of Price Preference.
RCNY § 8-03
(a)Applicability of price preference. In general, on a contract let by DMSS for the purchase of a product, a bidder shall be eligible for the price preference set forth in § 16-322 of the Administrative Code for such product only if such bidder offers to supply such product manufactured with the minimum content of secondary material specified in these Rules.
(b)Minimum content standards incorporated. DMSS shall utilize the minimum content standards for secondary materials contained in the tables in subdivision (g) of this section to determine eligibility for the price preference set forth in § 16-322 of the Administrative Code, provided, however, that, except as provided in subdivision (c) of this section, DMSS shall utilize all minimum content standards for secondary materials subsequently promulgated or amended by either USEPA or the New York State Department of Environmental Conservation (DEC), and if there is a conflict between USEPA and DEC standards, DMSS shall utilize the highest standard that it is permitted to utilize by § 16-322 of the Administrative Code.
(c)Minimum content standards for aggregate product purchases, multi-material products, and metals. Except as provided by § 16-322, notwithstanding any other provision of this section, the minimum content standard for the following products shall be zero: (1) any product which DMSS purchases by means of an aggregate product purchase, except where such aggregate product purchase consists solely of products that are substantially manufactured from the same material, and for which the same minimum content standard applies or identical numerical minimum content standards apply; (2) any product that is not substantially manufactured from a single material; and (3) metal products.
(d)Recycled product purchases. DMSS may restrict bids solely to products composed of specified minimum secondary material content levels. If the minimum secondary material content level specified by DMSS for such a bid is less than the minimum secondary material content standard for such product set forth in these Rules, a bidder may be eligible for a price preference if such bidder offers to provide such product with a level of secondary material content that is equal to or greater than the minimum content standard specified in these Rules.
(e)Market stimulus bids. Except for products for which DMSS is required to utilize a USEPA minimum content standard for secondary materials pursuant to Administrative Code § 16-322, DMSS may stipulate that for a specific bid a price preference shall only be applicable to products which satisfy additional minimum content standards or higher minimum content standards than those set forth in these Rules, provided that DMSS first finds that such additional or higher standards are intended to stimulate the market for secondary materials.
(f)Packaging. Notwithstanding any other provision of this section, this section does not apply to packaging incidental to the product being purchased.
(g)Tables. Paper and Paper Products1 (1) USEPA Standard Material Minimum percentage of recovered materials Minimum percentage of postconsumer recovered materials Minimum percentage of waste paper 2 Newsprint – 40– High grade bleached printing and writing papers:Offset printing – –50Mimeo and duplicator paper – – 50 Writing (stationary) – – 50 Office paper (e.g., note pads) – – 50 Paper for high-speed copiers – – ( 3 ) Envelopes – – 50 Form bond including computer paper and carbonless – – ( 3 ) Book papers – – 50 Bond papers – – 50 Ledger – – 50 Cover stock – – 50Cotton fiber papers25 – – Tissue products: Toilet tissue – 20 – Paper towels – 40 – Paper napkins – 30 – Facial tissue – 5 – Doilies – 40 – Industrial wipers – 0 – Unbleached packaging: Corrugated boxes – 35 – Fiber boxes – 35 – Brown boxes (e.g., bags) – 5 – Recycled paperboard: Recycled paperboard products including folding cartons – 80 – Pad backing – 90 – 1. This table has been taken from 40 C.F.R. § 250.21. All terms in this USEPA standard are as defined in the regulations heretofore adopted by the USEPA, pursuant to 42 U.S.C. § 6901 for paper products. The definitions for such terms are found at 40 C.F.R. § 250.4.
2.Waste paper is defined in § 250.4 and refers to specified postconsumer and other recovered materials.
3.[U.S.] EPA found insufficient production of these papers with recycled content to assure adequate competition.
(2)Additional Standards for Paper Product Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by weight of Post- Consumer Material Content Paper for High Speed Copiers50 percent 10 percent Form bond including computer paper and carbonless50 percent 10 percent (3) Printing Contracts The price preference is applicable solely to the paper portion of any printing contract. For purposes of establishing the size of the price preference, the paper portion of printing contracts shall be deemed to be 50 percent of the bid price. The minimum content standard for preference eligibility for the paper shall be that established for the type of paper specified in the Request for Bids. Building Insulation Products 4 Product Percentage by Weight of Secondary Material Cellulose loose-fill and spray-on 75 percent postconsumer recovered paperPerlite composite board 23 percent postconsumer recovered paperPlastic rigid foam, polyisocyanurate / polyurethane: Rigid foam9 percent recovered materialFoam-in place 5 percent recovered materialGlass fiber reinforced 6 percent recovered materialPhenolic rigid foam 5 percent recovered materialRock wool 50 percent recovered material Lubricating Oils 5 For engine lubricating oils, hydraulic fluids, and gear oils, excluding marine and aviation oils, the minimum re-refined oil content shall be not less than 25 percent re-refined oil. Plastics 6 Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by Weight of Post-Consumer Material Content 50 percent 15 percent Note – The minimum content standards are based on the weight of material (not volume) in the insulating core only.
4.This Table has been taken from 40 C.F.R. § 248.21(a)(4). All terms used in this standard are as defined in the regulations heretofore adopted by the USEPA, pursuant to 42 U.S.C. § 6901 for building insulation products. The definitions for such terms are found at 40 C.F.R. § 248.4.
5.The source for this standard is found at 40 C.F.R. § 252.21(a)(12). Definitions for same are located at 40 C.F.R. § 252.4.
6.These standards have been derived from Table 1 located at 6 NYCRR § 368.4(a). The definitions for the terms used in these standards may be found at 6 NYCRR § 368.2. Glass 6 Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by Weight of Post-Consumer Material Content 50 percent 35 percent Rubber 6 Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by Weight of Post-Consumer Material Content 50 percent 25 percent Solvents 6 Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by Weight of Post-Consumer Material Content 75 percent 75 percent 6. These standards have been derived from Table 1 located at 6 NYCRR § 368.4(a). The definitions for the terms used in these standards may be found at 6 NYCRR § 368.2.
