CHAPTER 10:02:05
DEFINITIONS AND PURCHASING PROCEDURES
Section
10:02:05:01 Definitions.
10:02:05:02 and 10:02:05:03 Repealed.
10:02:05:04 Green Seal certified defined.
10:02:05:05 Ecologo certified defined.
10:02:05:06 Energy Star qualified defined.
10:02:05:07 WaterSense qualified defined.
10:02:05:08 Procurement of environmentally preferable products.
10:02:05:09 Procurement of paper products and printing.
10:02:05:10 Printed on recycled paper statement required on state printing projects.
10:02:05:11 Procurement of cleaning and maintenance products.
10:02:05:12 Procurement of EPA registered antimicrobial products.
10:02:05:13 Procurement of energy consuming products.
10:02:05:14 Procurement of water consuming products.
10:02:05:15 Waiver of requirement to procure environmentally preferable products.
10:02:05:01. Definitions.
Words and phrases defined in SDCL chapter 5-18A-1 have the same meaning when used in this chapter. Terms used in this chapter mean:
(1) "ASHRAE," the
American Society of Heating, Refrigerating, and Air Conditioning Engineers;
(2) "ASTM," the
American Society for Testing and Materials;
(3) "Biobased,"
any materials composed wholly or in a significant part of biological products
including renewable agricultural materials or forestry materials;
(4) "DfE,"
Designed for the Environment;
(5) "EPA," the
United States Environmental Protection Agency.
Source:
24 SDR 107, effective February 23, 1998; 37 SDR 111, effective December 7,
2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-1, 5-18A-38.
10:02:05:02. Purchases
of goods under $10,000. Repealed.
Source:
24 SDR 107, effective February 23, 1998; repealed, 37 SDR 111, effective
December 7, 2010.
10:02:05:03. Purchases
of services under $10,000. Repealed.
Source:
24 SDR 107, effective February 23, 1998; repealed, 37 SDR 111, effective
December 7, 2010.
10:02:05:04. Green
Seal certified defined. As used in this chapter, the term, Green Seal
certified, means that the product or service is in full compliance with any of
the following relevant published Green Seal environmental standards and is
subject to a valid certification agreement with Green Seal:
(1) GS-1, Green Seal
Environmental Standard for Tissue Paper, Second Edition, February 12, 1992;
(2) GS-5, Green Seal
Environmental Standard for Compact Fluorescent Lamps, Third Edition, November
13, 2009;
(3) GS-7, Green Seal
Environmental Standard for Printing and Writing Paper, Sixth Edition, November
12, 1999;
(4) GS-8, Green Seal
Environmental Standard for Cleaning Products for Household Use, Second Edition,
July 2, 2007;
(5) GS-9, Green Seal Environmental
Standard for Paper Towels and Napkins, First Edition, January 27, 1993;
(6) GS-10, Green Seal
Environmental Standard for Coated Printing Paper, Second Edition, January 7,
1997;
(7) GS-11, Green Seal
Environmental Standard for Paints and Coatings, Third Edition, January 1, 2010;
(8) GS-12, Green Seal
Environmental Standard for Occupancy Sensors, First Edition, February 14, 1997;
(9) GS-15, Green Seal
Environmental Standard for Newsprint, First Edition, January 14, 1994;
(10) GS-16, Green Seal
Environmental Standard for Reusable Utility Bags, First Edition, January 14,
1994;
(11) GS-18, Green Seal
Environmental Standard for Paper Products used for Food Preparation, Second
Edition, January 7, 1997;
(12) GS-21, Green Seal
Environmental Standard for Powdered Laundry Bleach, First Edition, August 30,
1996;
(13) GS-31, Green Seal
Environmental Standard for Electric Chillers, Second Edition, January 14, 2000;
(14) GS-34, Green Seal
Environmental Standard for Cleaning and Degreasing Agents, First Edition, May
31, 1999;
(15) GS-35. Green Seal
Environmental Standard for Food Service Packaging, First Edition, Part A March
15, 2000, Part B March 20, 2002;
(16) GS-37, Green Seal
Environmental Standard for Cleaning Products for Industrial and Institutional
Use, Fifth Edition, August 28, 2009;
(17) GS-40, Green Seal
Environmental Standard for Floor-Care Products for Industrial and Institutional
Use, First Edition, March 10, 1994;
(18) GS-41, Green Seal
Environmental Standard for Hand Cleaners for Industrial and Institutional Use,
First Edition, July 6, 2006; and
(19) GS-44, Green Seal
Environmental Standard for Soaps, Cleansers, and Shower Products for Household
Use, First Edition, May 7, 2009.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
Green Seal Environmental Standards,
Green Seal, Inc., 1001 Connecticut Ave. NW, Ste 872, Washington, DC USA
20036-5525. Free copies of the standards are available on the internet at http://www.greenseal.org/certification/environmental.cfm.
10:02:05:05. Ecologo
certified defined. As used in this chapter, the term, Ecologo certified,
means that the product or service is in full compliance with any of the
following relevant published Ecologo certification standards, and that the
product or service is subject to a license agreement through the TerraChoice
Ecologo program:
(1) Environmental Choice
Program Certification Criteria Document CCD-001: Energy Efficient
Heating/Cooling Systems for Buildings, February 2003;
(2) Environmental Choice Program
Certification Criteria Document CCD-008: Hot Water Tanks-Domestic Indirect
Fired, October 1998;
(3) Environmental Choice
Program Certification Criteria Document CCD-012: Hot Water Heating Boiler -
Gas-fired Condensing, May 1998;
(4) Environmental Choice
Program Certification Criteria Document CCD-015: Energy Efficient Harmonic
Cancellation Transformers, June 2000;
(5) Environmental Choice
Program Certification Criteria Document CCD-029: Water Conserving Products,
April 1996;
(6) Environmental Choice
Program Certification Criteria Document CCD-035: Office Machines, March 2009;
(7) Environmental Choice
Program Certification Criteria Document CCD-051: Paint and Varnish Remover,
July 1995;
(8) Environmental Choice
Program Certification Criteria Document CCD-077: Printing and Writing Papers,
August 1998;
(9) Environmental Choice
Program Certification Criteria Document CCD-078: Uncoated Mechanical Printing
Paper, August 1998;
(10) Environmental Choice
Program Certification Criteria Document CCD-079: Business Forms and Other
Converted Paper Products; August 2001;
(11) Environmental Choice
Program Certification Criteria Document CCD-080: Envelopes, August 2001;
(12) Environmental Choice
Program Certification Criteria Document CCD-082: Toilet Tissue, August 1995;
(13) Environmental Choice
Program Certification Criteria Document CCD-083: Facial Tissue, August 1995;
(14) Environmental Choice
Program Certification Criteria Document CCD-084: Table Napkins, August 1995;
(15) Environmental Choice
Program Certification Criteria Document CCD-085: Kitchen Towels, August 1995;
(16) Environmental Choice
Program Certification Criteria Document CCD-086: Hand Towels, August 1995;
(17) Environmental Choice
Program Certification Criteria Document CCD 087: Compostable Paper Bags, March
2003;
(18) Environmental Choice
Program Certification Criteria Document CCD-103: Personal Care Products,
September 2000;
(19) Environmental Choice
Program Certification Criteria Document CCD-104: Hand Cleaners - Industrial
& Institutional, June 2006;
(20) Environmental Choice
Program Certification Criteria Document CCD-105: Laundry Detergents and Fabric
Softeners, October 1997;
(21) Environmental Choice
Program Certification Criteria Document CCD-106: Laundry Bleach, July 1997;
(22) Environmental Choice
Program Certification Criteria Document CCD 110: Cleaning and Degreasing
Compounds - Biologically-based, March 2005;
(23) Environmental Choice
Program Certification Criteria Document CCD-112: Biological Digestion Additives
for Cleaning and Odour Control, January 2003;
(24) Environmental Choice
Program Certification Criteria Document CCD-138: De-icing Chemical for Airport
Runways, October 2001;
(25) Environmental Choice
Program Certification Criteria Document CCD-145: Food Containers, June 2003;
(26) Environmental Choice
Program Certification Criteria Document CCD-146: Hardsurface Cleaners, December
2005;
(27) Environmental Choice
Program Certification Criteria Document CCD-147: Floor Care Products, February
2007;
(28) Environmental Choice
Program Certification Criteria Document CCD-148: Carpet and Upholstery
Cleaners, June 2004;
(29) Environmental Choice
Program Certification Criteria Document CCD-165: Urinal Blocks, October 2006;
(30) Environmental Choice
Program Certification Criteria Document CCD-166: Disinfectants and Disinfectant
Cleaners, March 2007; and
(31) Environmental Choice
Program Certification Criteria Document CCD-170: Instant Hand Antiseptic
Products, February 2010.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
Environmental Choice Program
Certification Criteria, TerraChoice Environmental Marketing Inc., 171
Nepean Street, Suite 400, Ottawa, Ontario, K2P 0B4, Canada. Free copies of the
certification criteria documents can be obtained on the internet at http://www.ecologo.org/en/seeourcriteria/.
10:02:05:06. Energy
Star qualified defined. As used in this chapter, the term Energy Star
qualified, means that a product earned the Energy Star label by meeting the
energy efficiency requirements set forth in one of the following published
Energy Star product specifications established by the United State
Environmental Protection Agency:
(1) Energy Star Program
Requirements for Products with Battery Charging Systems, January 1, 2006;
(2) Energy Star Program
Requirements for Clothes Washers, March 7, 2008;
(3) Energy Star Program
Requirements for Dehumidifiers, Version 2.0, October 1, 2006;
(4) Energy Star Program
Requirements for Dishwashers, November 14, 2008;
(5) Energy Star Program
Requirements for Residential Refrigerators and/or Freezers, August 3, 2007;
(6) Energy Star Program
Requirements for Room Air Conditioners, November 16, 2005;
(7) Energy Star Program
Requirements for Room Air Cleaners, Version 1.0, July 1, 2004;
(8) Energy Star Program
Requirements for Water Coolers, Version 1.2, January 22, 2010;
(9) Energy Star Program
Requirements for Boilers, Version 2.0, April 2002;
(10) Energy Star Program
Requirements for Residential Ceiling Fans, Version 2.3, January 1, 2009;
(11) Energy Star Program
Requirements for Residential Air Source Heat Pump (ASHPs) and Central Air
Conditioner Equipment, Version 4.0, March 31, 2006;
(12) Energy Star Program
Requirements for Furnaces, Version 2.0, October 27, 2006;
(13) Energy Star Program
Requirements for Geothermal Heat Pumps, Version 3.0, December 1, 2009;
(14) Energy Star Program
Requirements for Light Commercial HVAC, Version 2.0, May 1, 2010;
(15) Energy Star Program
Requirements for Programmable Thermostats, Version 1.2, January 1, 2010;
(16) Energy Star Program
Requirements for Residential Ventilating Fans, Version 2.2, January 15, 2009;
(17) Energy Star Program
Requirements for Telephony, Version 2.1, November 1, 2008;
(18) Energy Star Program
Requirements for Digital-to-Analog Converter Boxes (DTAs), Version 1.1, January
31, 2007;
(19) Energy Star Program
Requirements for Single Voltage External Ac-Dc and Ac-Ac Power Supplies,
Version 2.0, November 1, 2008;
(20) Energy Star Program
Requirements for Audio/Video, Version 2.0, July 30, 2010;
(21) Energy Star Program Requirements
for Set-top Boxes, Version 2.0, January 1, 2009;
(22) Energy Star Program
Requirements for Televisions, Version 4.1, May 1, 2010;
(23) Energy Star Program
Requirements for Computers, Version 5.0, July 1, 2009;
(24) Energy Star Program Requirements
for Imaging Equipment, Version 1.1, July 1, 2009;
(25) Energy Star Program
Requirements for Computer Servers, Version 1.0, October 15, 2010;
(26) Energy Star Program
Requirements for Displays, Version 5.0, January 20, 2010;
(27) Energy Star Program
Requirements for CFLs, Version 4.0, March 7, 2008;
(28) Energy Star Program
Requirements for Decorative Light Strings, Version 1.4, March 1, 2008;
(29) Energy Star Program
Requirements for Residential Light Fixtures, Version 4.2, August 1, 2008;
(30) Energy Star Program
Requirements for Solid State Luminaries, Version 1.1, February 1, 2009;
(31) Energy Star Program
Requirements for Commercial Dishwashers, Version 1.1, October 11, 2007;
(32) Energy Star Program
Requirements for Commercial Ovens, Version 1.0, May 16, 2009;
(33) Energy Star Program
Requirements for Commercial Fryers, Version 1.0, August 15, 2003;
(34) Energy Star Program
Requirements for Commercial Steam Cookers, Version 1.1, August 1, 2003;
(35) Energy Star Program Requirements
for Commercial Hot Food Holding Cabinets, Version 1.0, August 15, 2003;
(36) Energy Star Program
Requirements for Commercial Griddles, Version 1.0, May 8, 2009;
(37) Energy Star Program
Requirements for Commercial Ice Machines, Version 1.0, January 1, 2008;
(38) Energy Star Program
Requirements for Refrigerators and Freezers, Version 2.0, December 31, 2009; or
(39) Energy Star Program
Requirements for Refrigerated Beverage Vending Machines, Version 2.0, July 1,
2007.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
Energy Star Program Requirements,
United States Environmental Protection Agency, US EPA Energy Star Hotline
(6202J), 1200 Pennsylvania Ave. NW, Washington, D.C. 20460. Free copies of the
requirements are available on the internet at http://www.energystar.gov/index.cfm?c=product_specs.pt_product_specs.
10:02:05:07. WaterSense
qualified defined. As used in this chapter, the term, WaterSense qualified,
means that a product earned the WaterSense label by meeting the water
efficiency requirements set forth in one of the following published WaterSense
product specifications established by the EPA:
(1) WaterSense
Specification for High-Efficiency Lavatory Faucet Specification, October 1,
2007;
(2) WaterSense
Specification for Tank-Type High-Efficiency Toilet Specification, January 24,
2007;
(3) WaterSense
Specification for Flushing Urinals, August 14, 2009; or
(4) WaterSense
Specification for Showerheads, February 9, 2010.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
WaterSense, U.S. Environmental
Protection Agency, Office of Wastewater Management (4204M), 1200 Pennsylvania
Avenue NW, Washington, D.C. 20460. Free copies of the WaterSense specifications
are available on the internet at http://www.epa.gov/watersense/products/index.html.
10:02:05:08. Procurement
of environmentally preferable products. Each state agency and institution
shall procure environmentally preferable products whenever practicable. If an
agency is procuring an environmentally preferred product that is not available
on a state contract, the agency shall use the specifications and criteria
established in this chapter to make the purchase.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
10:02:05:09. Procurement
of paper products and printing. Each state agency and institution shall
specify products that meet at least one of the following requirements when
procuring any paper product or requesting bids or quotes for any printing
project:
(1) Green Seal certified;
(2) Ecologo certified; or
(3) Comply with the minimum
requirements for recycled content as published in the United States
Environmental Protection Agency Comprehensive Procurement Guidelines,
Buy-Recycled Series, Paper Products, October 2007.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
Comprehensive Procurement Guidelines,
Buy-Recycled Series, Paper Products, October 2007. United States Environmental
Protection Agency, Office of Resource Conservation and Recovery (5305P), 1200
Pennsylvania Avenue NW, Washington, DC 20460. A free copy of this document is
available on the internet at http://www.epa.gov/epawaste/conserve/tools/cpg/pdf/paper.pdf.
10:02:05:10. Printed
on recycled paper statement required on state printing projects. Each state
printing project shall include the statement "Printed on Recycled
Paper," unless the agency has received a written waiver from the Office of
Procurement Management authorizing the use of virgin stock paper for the
project.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
10:02:05:11. Procurement
of cleaning and maintenance products. Each state agency and institution
shall specify products that meet at least one of the following requirements
when procuring any cleaning or maintenance product:
(1) Green Seal certified;
(2) Ecologo certified;
(3) Designated for
preferred procurement through the U.S. Environmental Protection Agency Designed
for the Environment Safer Product Labeling Program by meeting the requirements
of the EPA's DfE Standard for Safer Cleaning Products (SSCP), as revised on
March 2010;
(4) Determined to be
biobased products using ASTM Method D6866, 10 Standard Test Methods for
Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using
Radiocarbon Analysis, as in effect on July 1, 2010. Any cleaning or maintenance
product included in the United States Department of Agriculture's BioPreferred
Program electronic catalog of qualifying biobased products is accepted as
compliant with this section; or
(5) Certified as meeting or
exceeding any of the other requirements listed in this section by an
independent and knowledgeable third party based on standardized test
procedures.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
References:
EPA's DfE Standard for Safer Cleaning
Products (SSCP), Revised March 2010, Design for the Environment, Office of
Pollution Prevention and Toxics, US EPA, 1200 Pennsylvania Avenue NW, Mail Code
7406-M, Washington, DC 20460. Free copies of the standard are available on the
internet at http://www.epa.gov/dfe/pubs/projects/gfcp/index.htm#Standard.
ASTM Designation D6886-10, Standard
Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous
Samples Using Radiocarbon Analysis, July 1, 2010, American Society for Testing
and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, USA
19428. An electronic copy of this document is available online at www.astm.org or contact ASTM Customer Service at
service@astm.org. Cost: $45.
10:02:05:12. Procurement
of EPA registered antimicrobial products. Any disinfectant, disinfecting
cleaner, sanitizer, or any other antimicrobial product regulated by the Federal
Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), as amended
to January 1, 2010, and registered by the EPA, may be purchased if the use is
necessary to protect public health and if the use is in accordance with
responsible cleaning procedure requirements.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
10:02:05:13. Procurement
of energy consuming products. Each state agency and institution shall
specify products that meet at least one of the following requirements when
procuring energy consuming products:
(1) Energy Star qualified;
(2) Green Seal certified;
or
(3) Ecologo certified.
Any energy consuming product installed
in new construction or renovation project that is designed to meet high
performance green building standards pursuant to SDCL 5-14-32 to 5-14-38, inclusive, or ASHRAE Standard 90.1-2007, shall be accepted as being compliant with this section.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
Reference:
ASHRAE Standard 90.1-2007, Energy
Standard for Buildings Except Low-Rise Residential Buildings, I-P Edition,
Copyright 2007, with 2008 Supplement, American Society of Heating,
Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE,
Atlanta, GA 30329. Cost: $135.
10:02:05:14. Procurement
of water consuming products. Each state agency or institution shall specify
products that meet at least one of the following requirements when procuring
water consuming products:
(1) WaterSense qualified;
or
(2) Ecologo certified.
Any water consuming product installed
in a new construction or renovation project that is designed to meet high
performance green building standards pursuant to SDCL 5-14-32 to 5-14-38, inclusive, shall be accepted as being compliant with this section.
Source:
37 SDR 111, effective December 7, 2010.
General
Authority: SDCL 5-18A-38.
Law
Implemented: SDCL 5-18A-38.
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.
