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GUIDELINES FOR THE PROMOTION OF PURCHASE OF GREEN PRODUCTS (이 영문법령은 조달청에서 제공하였습니다.)

Notice No. 201033, Dec. 6, 2010

Amended by Notice No. 202353, Dec. 27, 2023

 Article 1 (Purpose)
The purpose of this Notice is to set forth the necessary provisions to promote the purchase of green products by public institution, pursuant to Article 60 (2) of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis and Article 58 of its Enforcement Decree (hereinafter referred to as the "Act" and the "Decree", respectively).
 Article 2 (Definitions)
The terms used in this Notice are defined as follows:
1. The term "green technology" means a technology that promotes green growth and achieves carbon neutrality by replacing the use of fossil fuels and utilizing energy and resources efficiently throughout the entire cycle of social and economic activity, such as technologies for responding to climate change, enhancing energy efficiency, cleaner production, new and renewable energy, and resource circulation and environmentally friendly technologies, including relevant convergent technologies in accordance with subparagraph 16 of Article 2 of the Act.
2. The term “green product” means a product that minimizes the consumption of energy and resources, and the emission of greenhouse gases and pollutants, pursuant to Article 66 (4) of the Act.
3. The term “green effect” means the effect of reducing the input of energy and resources and the emission of greenhouse gases and pollutants through the application of certain technologies, the use of specific materials, or particular production processes and methods.
4. The term “public institution” means a State agency, a local government, and a public institution referred to in Article 4 (1) of the Act on the Management of Public Institutions.
5. The term “minimum green standards” means a standard prescribed by the Administrator of the Public Procurement Service for each product regarding efficiency, performance, and recyclability based on the green technology referred to in subparagraph 1, which shall be incorporated at a minimum into the specifications of the product to be procured.
6. The term “minimum green standard product” means a product subject to subparagraph 5, and which is designated and publicly announced by the Administrator of the Public Procurement Service pursuant to Article 7 (1).
 Article 3 (Scope of Green Product Purchases)
The term “items necessary to promote the purchase of green products by public institutions” under Article 58 (1) of the Enforcement Decree refers to any of the following products.
1. A product with Grade 1 energy efficiency subject to Article 15 of the Energy Use Rationalization Act, an excellent product for the reduction of standby power pursuant to Article 18, a product subject to the certification of high-efficiency energy pursuant to Article 22, or an equivalent product.
2. A product certified as new or renewable energy equipment pursuant to Article 13 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, or an equivalent product.
3. A product certified with the Eco-Label pursuant to Article 17 of the Environmental Technology and Environmental Industry Support Act, or an equivalent product.
4. A product certified with an Environmental Product Declaration pursuant to Article 18 of the Environmental Technology and Industry Support Act, which has been designated as a low-carbon product by the Minister of Environment in accordance with the standards publicly announced for reducing greenhouse gases emissions under Article 2 (5) of the Act, or an equivalent product.
5. A GR (Good Recycled) product pursuant to Article 33 of the Act on the Promotion of Saving and Recycling of Resources, or an equivalent product.
6. A product manufactured by utilizing green technology certified pursuant to Article 60 (2) of the Act and Article 57 of the Enforcement Decree.
7. A Minimum Green Standard Product, designated and publicly announced by the Administrator of the Public Procurement Service pursuant to Article 7.
8. Other products utilizing green technologies referred to in Article 2 (1), which are supplied under a contract concluded by the Administrator of the Public Procurement Service.
 Article 4 (Preparation of Purchase Specifications)
(1) Where it is necessary to prepare specifications for the purchase of green products, the head of a public institution may incorporate any of the following matters into such specifications.
1. Green technologies necessary to achieve the purpose of the contract;
2. Efficiency, performance, functionality, and other factors as criteria for certification, examination, or designation of products falling under each subparagraph of Article 3 (Provided, That the specifications shall not require the obtaining of certification);
3. Use of certain materials or components including recycled materials that generate green effects, and restrictions or prohibitions on the use of harmful chemical substances or materials.
4. Manufacturing processes and methods related to the subject matter of the contract which generate a green effect.
(2) In preparing the specifications under paragraph (1), the head of a public institution shall not prepare the specifications for the purpose of unduly restricting competition or giving an undue advantage to a particular person.
 Article 5 (Alternative Bidding)
(1) Where the head of a public institution deems that it is difficult to conduct bidding procedures due to uncertainty as to whether the green technology or green products applicable to the product to be procured exist, or due to insufficient information on their price or quality even if they exist, the head of the public institution may allow alternative bidding.
(2) Where alternative bidding is permitted under paragraph (1), the bid announcement shall clearly state that the bidding is alternative, and all submitted bids shall be evaluated based on the same award criteria.
(3) Where the head of a public institution conducts alternative bidding under paragraphs (1) and (2), detailed procedures and standards necessary therefor may be established.
 Article 6 (Award Criteria)
Where the head of a public institution includes green technology or green effects in the award criteria, such criteria shall be related to the subject matter of the contract, and shall be specific and objectively measurable.
 Article 7 (Designation and Announcement of Minimum Green Standard Products)
(1) The Administrator of the Public Procurement Service may designate and publicly announce products deemed necessary to facilitate the development of green technology and to promote the purchase and supply of green products by public institutions, as well as the relevant minimum green standards and the timing of their application.
(2) When designating a minimum green standard product under paragraph (1) (including cases of exclusion from designation), the Administrator of the Public Procurement Service shall take into account the following matters.
1. The purchase methods, quantities, and frequency of public institutions;
2. The certification criteria, such as performance, efficiency, and recyclability, of products pursuant to subparagraphs 1 through 6 of Article 3;
3. The overall technological level of the market and the technology gap between large enterprises and small and medium enterprises;
4. Other matters necessary for the designation of minimum green standard products, such as the clarity and ease of the minimum green standards.
(3) The Administrator of the Public Procurement Service may, when designating minimum green standard products under paragraphs (1) and (2), receive recommendations from the heads of public institutions, the heads of institutions in charge of certification of products under Article 3, and from the industry, or hear their opinions.
(4) The Administrator of the Public Procurement Service shall endeavor to maintain appropriateness in setting minimum green standards so as not to unduly benefit certain enterprises or excessively restrict the participation of small and medium enterprises, etc. in procurement.
 Article 8 (Purchase of Minimum Green Standard Products)
Where the Administrator of the Public Procurement Service intends to purchase minimum green standard products under Article 7, such purchase may be made by any of the contract methods falling under the following subparagraphs:
1. A unit price contract under Article 22 of the Act on Contracts to Which the State is a Party;
2. A unit price contract for a third party under Article 12 of the Government Procurement Act;
3. A Contract with multiple suppliers under Article 13 of the Government Procurement Act;
4. A Lump-sum contract under Articles 42 and 44 of the Enforcement Decree of the Act on Contracts to Which the State is a Party, including the evaluation of the capability to perform the contract and the comprehensive examination.
 Article 9 (Designation and Announcement of Direct Purchase Items)
(1) The Administrator of the Public Procurement Service may, pursuant to Article 58 (2) of the Enforcement Decree, designate and publicly notify items deemed necessary to be directly purchased as green products for use as construction materials, in order to facilitate the purchase of green products by public institutions.
(2) The head of a public institution shall directly purchase items designated and publicly announced by the Administrator of the Public Procurement Service under paragraph (1), unless doing so would hinder the achievement of the purpose or execution of the construction.
 Article 10 (Alternative Purchase of Green Products, etc.)
The Administrator of the Public Procurement Service may, pursuant to Article 58 (3) of the Enforcement Decree, alternatively purchase products falling under Article 3 or reflect such products in the design, through consultation with the head of the relevant public institution, in relation to products or construction requested for purchase or order by such institution.
 Article 11 (Advance Notice of Purchase Specifications for Green Products)
The Administrator of the Public Procurement Service may include, in the purchase specifications for green products to be procured, the performance and efficiency of applicable green technologies, as well as their energy-saving and environmental benefits, and may give advance notice thereof to improve the quality of green products and promote the development of green technology.
 Article 12 (Implementation of Training on the Purchase of Green Products)
The Administrator of the Public Procurement Service may operate training courses on the purchase of green products for personnel in charge of procurement at public institutions, (procurement personnel of public institutions) in order to promote the purchase of green products by such institutions.
 Article 13 (Provision of Public Procurement Information on Green Products)
(1) The Administrator of the Public Procurement Service may provide information on products falling under Article 3 or green products under procurement contracts, trends in the domestic and foreign public procurement of green products, laws and regulations, best practices, and statistical data related to the public procurement of green products, and may establish and operate an information network for such purposes.
(2) The head of a public institution or a relevant institution shall actively cooperate, upon request by the Administrator of the Public Procurement Service, on matters necessary for the provision of various information under paragraph (1) or for the establishment and operation of an integrated information network.
 Article 14 (Review Period)
In accordance with “Regulations on the Issuance and Management of Directives and Established Rules”, this Notice shall be reviewed every three years from January 1 2024 (by December 31 of such recurring 3 years) for relevance and improvement measures shall be taken if necessary.
ADDENDUM <Public Notice No. 201033, Dec. 6, 2010>
Article 1 (Enforcement) This Notice shall go into effect on the date January 1, 2011.
Article 2 (Transitional Measures concerning the Designation and Announcement of Minimum Green Standard Products)
The PPS Public Notice No. 2010-43, “Public Procurement Minimum Green Standard Products” (August 30, 2010), shall be deemed to have been designated and announced pursuant to Article 7 (1) of this Notice prior to its enforcement.
ADDENDUM <Public Notice No. 201425, Oct. 17, 2014>
Article 1 (Enforcement)
This Notice shall go into effect on the date October 17, 2014. Upon its enforcement, Public Notice No. 2010-33 of the Public Procurement Service (Dec. 6, 2010) shall be repealed.
ADDENDUM <Public Notice No. 201645, Dec. 27, 2016>
Article 1 (Enforcement) This Notice shall go into effect on the date January 1, 2017.
ADDENDUM <Public Notice No. 201928, Dec. 31, 2019>
Article 1 (Enforcement) This Notice shall go into effect on April 1, 2020.
ADDENDUM <Public Notice No. 202353, Dec. 27, 2023>
Article 1 (Enforcement) This Notice shall go into effect on December 27, 2023.