(a) The comptroller may designate as "First Choice" certain recycled, remanufactured or environmentally sensitive commodities or services.

(b) First Choice items are designated recycled, remanufactured, and environmentally sensitive commodities or services that state agencies shall give a preference for when purchasing. These items include, but are not limited to:

(1) re-refined oils and lubricants;

(2) recycled content toilet paper;

(3) recycled content toilet seat covers and paper towels;

(4) recycled content printing, computer and copier paper, and business envelopes;

(5) recycled content plastic trash bags;

(6) recycled content plastic covered binders;

(7) recycled content recycling containers; and

(8) Energy Star labeled photocopiers.

(c) Commodities or services that are designated as First Choice items will be reflected in the State Procurement Manual. The State Procurement Manual will be revised as new commodities or services are designated as First Choice items.

(d) A state agency that intends to purchase a commodity or service that accomplishes the same purpose as a commodity or service identified in Government Code, §2155.448(a) that does not meet the definition of a recycled product or that is not remanufactured or environmentally sensitive shall include with the procurement file a written justification signed by the executive head of the state agency stating the reasons for the determination that the commodity or service identified by the comptroller will not meet the requirements of the state agency.

Source Note: The provisions of this §20.307 adopted to be effective January 24, 2017, 42 TexReg 236