10:02:05:15.  Waiver of requirement to procure environmentally preferable products. The head of a state agency or institution may submit a written request for waiver of the requirement to procure an environmentally preferable product to the Office of Procurement Management for approval, prior to making a purchase as follows:

          (1)  For procurement of any paper product or printing project, the request shall provide justification for the use of virgin paper stock as an alternative to the requirement for recycled content paper;

          (2)  For any cleaning and maintenance product, the request shall document the reason for selecting the alternative product. The request shall be submitted through the state agency's facilities director;

          (3)  For any energy consuming product, the request shall document that no energy efficient product is reasonably available that meets the functional requirements of the agency or that no energy efficient product is cost effective over the life of the product taking energy cost savings into account; and

          (4)  For any water consuming product, the request shall document that no water efficient product is reasonably available that meets the functional requirements of the agency or that no water efficient product is cost effective over the life of the product taking water cost savings into account.

          The written request for waiver is not required to be submitted to the Office of Procurement Management for any project under the control of the Office of the State Engineer.

          The Office of Procurement Management shall waive the requirement to procure an environmentally preferable product required by this chapter if it is apparent that no qualifying product is available after reviewing bids or proposals received in response to a competitive sealed bid or competitive sealed proposal.

          Source: 37 SDR 111, effective December 7, 2010.

          General Authority: SDCL 5-18A-38.

          Law Implemented: SDCL 5-18A-38.