Contract for which estimated annual amount required to perform is more than $100,000: Preference given to recycled products if method of solicitation is invitation to bid

1. If the estimated annual amount required to perform a contract is more than $100,000 and the designated method for awarding the contract specified in the solicitation is an invitation to bid, the governing body or its authorized representative: (a) Shall give preference to a bid to provide recycled products if: (1) The products meet the applicable standards; (2) The products can be substituted for comparable nonrecycled products; and (3) The products do not cost more than comparable nonrecycled products. (b) May give preference to a bid to provide recycled products if: (1) The products meet the applicable standards; (2) The products can be substituted for comparable nonrecycled products; and (3) The products do not cost more than 5 percent more than the comparable nonrecycled products. (c) May purchase recycled paper products if the specific recycled paper product is: (1) Available at a price which is not more than 10 percent higher than that of the comparable paper product made from virgin material; (2) Of adequate quality; and (3) Available to the purchaser within a reasonable amount of time. 2. As used in this section: (a) “Postconsumer waste” means a finished material which would normally be disposed of as solid waste having completed its life cycle as a consumer item. (b) “Recycled paper product” means any paper or wood-pulp product containing in some combination comprising at least 50 percent of its total weight: (1) Postconsumer waste; and (2) Secondary waste, Ê but the term does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process. (c) “Secondary waste” means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value.