Don't show this message again
7 U.S. Code § 8102. Biobased markets program
(a) Federal procurement of biobased products
(1) Definition of procuring agencyIn this subsection, the term “procuring agency” means—
(A)
any Federal agency that is using Federal funds for procurement; or
(B)
a person that is a party to a contract with any Federal agency, with respect to work performed under such a contract.
(2) Procurement preference
(A) In general
(i) Procuring agency dutiesExcept as provided in clause (ii) and subparagraph (B), after the date specified in applicable guidelines prepared pursuant to paragraph (3), each procuring agency shall—
(I)
establish a procurement program, develop procurement specifications, and procure biobased products identified under the guidelines described in paragraph (3) in accordance with this section;
(II) with respect to items described in the guidelines, give a procurement preference to those items that—
(aa)
are composed of the highest percentage of biobased products practicable; or
(bb)
comply with the regulations issued under section 6914b–1 of title 42; and
(III)
establish a targeted biobased-only procurement requirement under which the procuring agency shall issue a certain number of biobased-only contracts when the procuring agency is purchasing products, or purchasing services that include the use of products, that are included in a biobased product category designated by the Secretary.
(ii) Exception
The requirements of clause (i)(I) to establish a procurement program and develop procurement specifications shall not apply to a person described in paragraph (1)(B).
(B) FlexibilityNotwithstanding subparagraph (A), a procuring agency may decide not to procure items described in that subparagraph if the procuring agency determines that the items—
(i)
are not reasonably available within a reasonable period of time;
(ii) fail to meet—
(I)
the performance standards set forth in the applicable specifications; or
(II)
the reasonable performance standards of the procuring agencies; or
(iii)
are available only at an unreasonable price.
(C) Minimum requirementsEach procurement program required under this subsection shall, at a minimum—
(i)
be consistent with applicable provisions of Federal procurement law;
(ii)
ensure that items composed of biobased products will be purchased to the maximum extent practicable;
(iii)
include a component to promote the procurement program;
(iv)
provide for an annual review and monitoring of the effectiveness of the procurement program; and
(v)
adopt 1 of the 2 polices described in subparagraph (D) or (E), or a policy substantially equivalent to either of those policies.
(D) Case-by-case policy
(i) In general
Subject to subparagraph (B) and except as provided in clause (ii), a procuring agency adopting the case-by-case policy shall award a contract to the vendor offering an item composed of the highest percentage of biobased products practicable.
(ii) Exception
Subject to subparagraph (B), an agency adopting the policy described in clause (i) may make an award to a vendor offering items with less than the maximum biobased products content.
(E) Minimum content standards
Subject to subparagraph (B), a procuring agency adopting the minimum content standards policy shall establish minimum biobased products content specifications for awarding contracts in a manner that ensures that the biobased products content required is consistent with this subsection.
(F) Certification
After the date specified in any applicable guidelines prepared pursuant to paragraph (3), contracting offices shall require that vendors certify that the biobased products to be used in the performance of the contract will comply with the applicable specifications or other contractual requirements.