§ 8102. Biobased markets program
(a)
Federal procurement of biobased products
(2)
Procurement preference
(A)
In general
(i)
Procuring agency duties
Except as provided in clause (ii) and subparagraph (B), after the date specified in applicable guidelines prepared pursuant to paragraph (3), each procuring agency shall—
(B)
Flexibility
Notwithstanding subparagraph (A), a procuring agency may decide not to procure items described in that subparagraph if the procuring agency determines that the items—
(C)
Minimum requirements
Each procurement program required under this subsection shall, at a minimum—
(ii)
ensure that items composed of biobased products will be purchased to the maximum extent practicable;
(D)
Case-by-case policy
(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.
(3)
Guidelines
(A)
In general
The Secretary, after consultation with the Administrator, the Administrator of General Services, and the Secretary of Commerce (acting through the Director of the National Institute of Standards and Technology), shall prepare, and from time to time revise, guidelines for the use of procuring agencies in complying with the requirements of this subsection.
(B)
Requirements
The guidelines under this paragraph shall—
(i)
designate those items (including finished products) that are or can be produced with biobased products (including biobased products for which there is only a single product or manufacturer in the category) that will be subject to the preference described in paragraph (2);
(ii)
designate those intermediate ingredients and feedstocks that are or can be used to produce items that will be subject to the preference described in paragraph (2);
(iii)
automatically designate items composed of intermediate ingredients and feedstocks designated under clause (ii), if the content of the designated intermediate ingredients and feedstocks exceeds 50 percent of the item (unless the Secretary determines a different composition percentage is appropriate);
(iv)
set forth recommended practices with respect to the procurement of biobased products and items containing such materials;
(C)
Information provided
Information provided pursuant to subparagraph (B)(v) with respect to a material or item shall be considered to be provided for another item made with the same material or item.
(D)
Prohibition
Guidelines issued under this paragraph may not require a manufacturer or vendor of biobased products, as a condition of the purchase of biobased products from the manufacturer or vendor, to provide to procuring agencies more data than would be required to be provided by other manufacturers or vendors offering products for sale to a procuring agency, other than data confirming the biobased content of a product.
(4)
Administration
(A)
Office of Federal Procurement Policy
The Office of Federal Procurement Policy, in cooperation with the Secretary, shall—
(ii)
annually collect the information required to be reported under subparagraph (B) and make the information publicly available;
(B)
Other agencies
To assist the Office of Federal Procurement Policy in carrying out subparagraph (A)—
(i)
each procuring agency shall submit each year to the Office of Federal Procurement Policy, to the maximum extent practicable, information concerning—
(II)
the results of the annual review and monitoring program established under paragraph (2)(C)(iv);
(III)
the number and dollar value of contracts entered into during the year that include the direct procurement of biobased products;
(b)
Labeling
(1)
In general
The Secretary, in consultation with the Administrator, shall establish a voluntary program under which the Secretary authorizes producers of biobased products to use the label “USDA Certified Biobased Product”.
(2)
Eligibility criteria
(A)
Criteria
(i)
In general
Not later than 90 days after the date of the enactment of the Food, Conservation, and Energy Act of 2008 and except as provided in clause (ii), the Secretary, in consultation with the Administrator and representatives from small and large businesses, academia, other Federal agencies, and such other persons as the Secretary considers appropriate, shall issue criteria (as of the date of enactment of that Act) for determining which products may qualify to receive the label under paragraph (1).
(c)
Recognition
The Secretary shall—
(d)
Limitation
Nothing in this section shall apply to the procurement of motor vehicle fuels, heating oil, or electricity.
(e)
Inclusion
Effective beginning on the date that is 90 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Architect of the Capitol, the Sergeant at Arms of the Senate, and the Chief Administrative Officer of the House of Representatives shall consider the biobased product designations made under this section in making procurement decisions for the Capitol Complex.
(f)
National testing center registry
The Secretary shall establish a national registry of testing centers for biobased products that will serve biobased product manufacturers.
(g)
Reports
(1)
In general
Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008 and each year thereafter, the Secretary shall submit to Congress a report on the implementation of this section.
(h)
Funding