2 CFR 200.323: Procurement of recovered materials

What 2 CFR 200.323 requires

1. Procurement

What you must do

A recipient or subrecipient that is a State agency or an agency of a political subdivision of a State, and its contractors, must comply with section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962): procure only items designated in EPA guidelines at 40 CFR part 247 containing the highest percentage of recovered materials practicable (consistent with maintaining a satisfactory level of competition) where the item's purchase price exceeds $10,000 or the value acquired in the preceding fiscal year exceeded $10,000; procure solid waste management services in a manner that maximizes energy and resource recovery; and establish an affirmative procurement program for recovered materials identified in the EPA guidelines. Applies to States and Tribes even under their own procurement policies (per 200.317).

When it applies

Applicant or subrecipient is a State agency or agency of a political subdivision of a State (or their contractor) and will purchase EPA-designated items where the item price or preceding-fiscal-year aggregate exceeds $10,000.

Budget justificationCertifications and assurances

2. Procurement

What you must do

To the greatest extent practicable and consistent with law, the recipient or subrecipient should purchase, acquire, or use products and services that can be reused, refurbished, or recycled; that contain recycled content, are biobased, or are energy- and water-efficient; and that are sustainable — which may include compostable items and products/services reducing single-use plastics (see E.O. 14057, section 101).

When it applies

Any purchasing under the award ('should' — advisory, not a hard mandate).

Project narrativeBudget justification

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Sections that refer to 2 CFR 200.323

2 CFR 200.317 Procurements by States and Indian Tribes
2 CFR 200.327 Contract provisions
2 CFR 200 Appendix II Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

Regulation text of 2 CFR 200.323

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(a) A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

(b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.

Source: eCFR · checked Sep 17, 2026

Questions about 2 CFR 200.323

What does 2 CFR 200.323 require?

A recipient or subrecipient that is a State agency or an agency of a political subdivision of a State, and its contractors, must comply with section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962): procure only items designated in EPA guidelines at 40 CFR part 247 containing the highest percentage of recovered materials practicable (consistent with maintaining a satisfactory level of competition) where the item's purchase price exceeds $10,000 or the value acquired in the preceding fiscal year exceeded $10,000; procure solid waste management services in a manner that maximizes energy and resource recovery; and establish an affirmative procurement program for recovered materials identified in the EPA guidelines. Applies to States and Tribes even under their own procurement policies (per 200.317). To the greatest extent practicable and consistent with law, the recipient or subrecipient should purchase, acquire, or use products and services that can be reused, refurbished, or recycled; that contain recycled content, are biobased, or are energy- and water-efficient; and that are sustainable — which may include compostable items and products/services reducing single-use plastics (see E.O. 14057, section 101).

When does 2 CFR 200.323 apply?

Applicant or subrecipient is a State agency or agency of a political subdivision of a State (or their contractor) and will purchase EPA-designated items where the item price or preceding-fiscal-year aggregate exceeds $10,000. Any purchasing under the award ('should' — advisory, not a hard mandate).

Plain-English summaries for information only, not legal advice. Always check the regulation text, your award terms and your agency’s guidance.