State University of New York Polytechnic Institute
OP-11: Sustainable Procurement

The University has several guidelines associated with worker safety, worker compensation, working conditions, environmental friendly purchasing policies, and diesel emissions. SUNY Green Purchasing guidelines are located at https://system.suny.edu/procurement/green-purchasing/ Worker Safety: Chapter 282 of the Laws of 2007, codified as Labor Law Section 220-h mandates that every worker employed in the performance of a public work project of at least $250,000 shall be certified as having completed an OSHA 10 safety training course. Prevailing Wage rate: On each pay stub contractors and subcontractors are required to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification. Working conditions: SUNY Poly follows the SUNY System's anti-sweatshop policy and a corresponding anti-sweatshop procedure. This policy and procedure are enforced on an ongoing basis, especially with apparel and sports equipment purchases originating from Athletics, Campus Recreation and Res Life. New York State Labor Law 220 requires that: * "No laborer, worker or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency." It is the policy of the State University of New York (SUNY Board of Trustee Resolution June 16, 2009), to require contractors, subcontractors and licensees to certify to the adherence by manufacturers to labor standards in connection with working conditions, compensation, employee rights to form unions and the use of child labor. http://www.suny.edu/sunypp/documents.cfm?doc_id=670 Environmentally friendly purchases: The SUNY Standard contract clauses prohibit the purchase of tropical hardwoods. Typically, wood sourced in construction contracts is certified by the Forest Stewardship Council. Diesel emissions: The Diesel Emissions Reduction Act of 2006 requires contractors to certify and warrant that all heavy duty vehicles, as defined in New York State Environmental Conservation Law (ECL) section 19-0323, used by the contractors, their agents or subcontractors, comply with the specifications and provisions of section 19-0323 and any regulations promulgated pursuant thereto. Contractors unless specifically waived by Department of Environmental Conservation are required to use the Best Available Retrofit Technology and Ultra Low Sulfur Fuel. Qualification for a waiver under this law will be the sole responsibility of the contractor.

LCCA Policies: Executive Order 88 Guidelines require that life cycle cost analysis is an assessment tools used to evaluate whether a particular energy conservation measure or an energy-related capital project should be implemented. When deciding between multiple project alternatives, the alternative with the overall lowest life cycle cost should be the one selected. The following language is included in the Executive Order 88 Guidelines: EO88 Guidelines Page 12: Although typically not required for ASHRAE Level 2 energy audits, “cost-effective” measures will be determined using Life Cycle Cost Analysis (“LCCA”). A portfolio may include, but shall not be limited to, no-cost and low-cost operational improvements, retro-commissioning, capital energy efficiency retrofits, on-site renewable and high-efficiency combined heat and power, and other measures identified by the CMIT. 1. How are "required capital projects" defined? (EO88 Guidelines Page 14) Any energy efficiency measure, or combination of energy efficiency measures, which result from an energy audit, and are deemed “cost-effective” shall be considered a required capital project. State Entities shall complete, or make substantial progress toward completion, any cost-effective measures identified during an energy audit or similar study within two years of the study’s completion. Cost-effectiveness shall be determined by a Life Cycle Cost Analysis (“LCCA”). Specific parameters for the LCCA account for: • Initial Costs—Purchase, Acquisition, Construction Costs • Fuel Costs • Documented Operation, Maintenance, and Repair Costs • Replacement Costs • Residual Values—Resale or Salvage Values or Disposal Costs • Finance Charges—Loan Interest Payments Appendix D - Determining Project Cost-Effectiveness (EO 88 Guidelines Page 32): Executive Order 88 explicitly requires that buildings with low benchmark scores must undergo an ASHRAE Level 2 energy audit. State Entities must then implement a cost-effective portfolio of measures and complete or make substantial progress toward completion of such measures within two years of the audit.1 For the purposes of EO 88, a project shall be considered cost-effective if the calculated. Savings-to-Investment Ratio (“SIR”) is greater than or equal to 1.20. Additionally, when evaluating multiple, mutually exclusive alternatives, the alternative with the lowest life-cycle cost (“LCC”) is considered the most cost-effective and should be selected for installation. Life Cycle -Cost Analysis Overview (EO 88 Guidelines Page 32): Life-Cycle Cost Analysis (“LCCA”) evaluates the costs and savings that occur from owning, operating, maintaining, replacing, and disposing of an efficiency measure over its lifetime. This method typically discounts costs and savings to reflect the time value of money. Because it accounts for all costs and savings over the full life-cycle of the measure, LCCA provides the most accurate assessment of a project’s long-term cost-effectiveness. Applying LCCA ensures that State Entities maximize savings opportunities and will ultimately help achieve the goals of EO 88. LCCA Practices: Facilities staff and other partners regularly incorporate life cycle cost analysis into day to day practice, especially in energy conservation measures. For example, facilities staff and building design consultants incorporate LCCA when evaluating fluorescent vs. LED bulbs in new construction and major renovation projects. The extent that LCCA is used as a matter of policy and practice throughout the entire institution is unknown.

Under Executive Order 4, state agencies, public authorities, and public benefit corporations are required to purchase cleaning products that meet the following environmental specifications: Hand Cleaners, Hand Soaps, Consumer Antiseptic Hand Washes and Hand Rubs, and Personal Care Cleansing Products General Purpose Cleaners

Specifications Environmental Performance: All Computers and Displays are required to have achieved Bronze registration or higher in the EPEAT system in the United States and must meet or exceed the following optional EPEAT criteria: 4.1.2.1 Restriction of the Use of Cadmium In addition, effected entities are encouraged to purchase Computers and Displays that meets EPEAT criteria 4.1.6.2 Reduction of Substances on the EU REACH Candidate List of SVHCs, which will ensure that the device is free of intentionally added lead and other substances of concern. Packaging Packaging shall comply with Environmental Conservation Law section 37-0205. Packaging shall not contain inks, dyes, pigments, adhesives, stabilizers, or any other additives to which any lead, cadmium, mercury or hexavalent chromium is intentionally added or contain incidental concentrations of lead, cadmium, mercury or hexavalent chromium which together are greater than 100 parts per million by weight (0.01%). New York State encourages affected entities to adopt the following: The use of bulk packaging. The use of reusable packaging. The use of innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes packaging that is a component of the product. That all packaging remains the property of the supplier and not become the property of the affected state entity under any circumstance or condition. The vendor shall certify that the packaging material will be reused, recycled, or composted, and managed in compliance with applicable local, state, and federal laws. Packaging that maximizes recycled content and/or meets or exceeds the minimum post-consumer content level for packaging in the U.S. Environmental Protection Agency Comprehensive Procurement Guidelines. Packaging that is recyclable or compostable. Bulk Delivery and Alternate Packaging New York State encourages the use of innovative packaging that reduces the weight of packaging and the generation of packaging waste. Bidders/contractors are encouraged to use reusable materials and containers and to utilize packaging configurations that take advantage of storage containers designed to be part of the product for the shipment of multi-unit purchases. New York State recognizes that these packaging methods are in the development stage and may not be currently available. Companies are urged to consider more of these options, and state contractors are urged to offer these services as part of their contract price list. Authorized users are urged to inquire about these programs when purchasing computers and determine the best solution for their needs. Take-Back / Recycling* When replacing equipment, affected entities should work with the contractor during the purchasing process to evaluate available trade-in options, regardless of manufacturer. Contractors are required to offer programs that include take-back or trade-in, and proper environmental disposal of equipment (including equipment manufactured and sold by others). State agencies are reminded to follow the NY State Finance Law § 167 regarding surplus property redistribution before utilizing take-back, recycling, or other options for disposition of any units that are still in operable condition. This standard requires donation of usable equipment to education (or other state agencies) prior to declaration of equipment as surplus or waste. Affected entities are reminded to receive certification of data destruction from hard drives if surrendered with the machines; or, if for security purposes you are required to keep the hard drive, to negotiate this with the contractor as there may be additional fees or trade-in value reductions associated with retaining the hard drive. If units are being transferred for disposition, a record of each disposition shall be retained by the affected entity. Documentation shall be provided to the affected entity demonstrating that these products have been disposed of in environmentally sound manner in compliance with applicable local, state and federal laws. The contractor or disposing entity shall provide assurance to the affected entity that all exports of used electronics collected for reuse, recycling or disposal will be in compliance with the laws of the importing country. *Note: One of the required criteria for EPEAT certification is that the manufacturer shall provide a nationwide product take-back service for reuse, refurbishment and/or recycling for products in countries within which the product is declared to conform to this standard (See IEEE Section 6.4.1.1). Disclosure of Flame Retardants in Computers NYECL §37-0111 recognizes that brominated flame retardants constitute substances hazardous to the environment, and prohibits any person to manufacture, process or distribute in commerce a product, or a flame-retardant part of a product, containing more than one-tenth of one per centum of pentabrominated diphenyl ether (pentaPBDE) or octabrominated diphenyl ether (octaPBDE), by mass. Brominated flame retardants are a class of halogenated flame retardants. Because New York State Executive Order No. 4 mandates ongoing development of lists and specifications for the procurement of commodities, services and technology that reasonably will reduce or eliminate the health and environmental risks from the use or release of toxic substances, bidders responding to solicitations are encouraged to disclose all flame retardants used in the products offered, including but not limited to penta, octa or decaPBDE and submit with their response a description of their efforts, if any, to utilize non-halogenated or other flame retardant compounds and/or design strategies that reduce the need to utilize flame retardant compounds. In addition, bidders are encouraged to offer products that meet flame retardancy standards or flammability requirements without added flame retardants with particular attention to halogenated flame retardants. Voluntary responses received will be forwarded to the Executive Order No. 4 Interagency Committee on Sustainability and Green Procurement for informational purposes to enable its periodic review and supplementation of green procurement lists and specifications for use by New York State Agencies and Authorities.