§ 8102.
(a)
Federal procurement of biobased products
(1)
Definition of procuring agency
In 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 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—
(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.
(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—
(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 requirements
Each 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.
(E)
Minimum content standards
(3)
Guidelines
(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;
(v)
require reporting of quantities and types of biobased products purchased by procuring agencies;
(vi)
promote biobased products, including forest products, that apply an innovative approach to growing, harvesting, sourcing, procuring, processing, manufacturing, or application of biobased products regardless of the date of entry into the marketplace;
(vii)
as determined to be necessary by the Secretary based on the availability of data, provide information as to the availability, relative price, performance, and environmental and public health benefits of such materials and items; and
(viii)
take effect on the date established in the guidelines, which may not exceed 1 year after publication.
(E)
Qualifying purchases
The guidelines shall apply with respect to any purchase or acquisition of a procurement item for which—
(i)
the purchase price of the item exceeds $10,000; or
(ii)
the quantity of the items or of functionally-equivalent items purchased or acquired during the preceding fiscal year was at least $10,000.
(F)
Required designations
(4)
Administration
(A)
Office of Federal Procurement Policy
The Office of Federal Procurement Policy, in cooperation with the Secretary, shall—
(i)
coordinate the implementation of this subsection with other policies for Federal procurement;
(ii)
annually collect the information required to be reported under subparagraph (B) and make the information publicly available;
(iii)
take a leading role in informing Federal agencies concerning, and promoting the adoption of and compliance with, procurement requirements for biobased products by Federal agencies; and
(iv)
not less than once every 2 years, submit to Congress a report that—
(I)
describes the progress made in carrying out this subsection; and
(II)
contains a summary of the information reported pursuant to subparagraph (B).
(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—
(I)
actions taken to implement paragraph (2);
(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;
(IV)
the number of service and construction (including renovations) contracts entered into during the year that include language on the use of biobased products; and
(V)
the types and dollar value of biobased products actually used by contractors in carrying out service and construction (including renovations) contracts during the previous year; and
(ii)
the General Services Administration and the Defense Logistics Agency shall submit each year to the Office of Federal Procurement Policy information concerning, to the maximum extent practicable, the types and dollar value of biobased products purchased by procuring agencies.
(C)
Procurement subject to other law
(f)
Manufacturers of renewable chemicals and biobased products
(1)
NAICS codes
The Secretary and the Secretary of Commerce shall jointly develop North American Industry Classification System codes for—
(A)
renewable chemicals manufacturers; and
(B)
biobased products manufacturers.
(2)
National testing center registry
([Pub. L. 107–171, title IX, § 9002], as added [Pub. L. 110–234, title IX, § 9001(a)], May 22, 2008, [122 Stat. 1305], and [Pub. L. 110–246, § 4(a)], title IX, § 9001(a), June 18, 2008, [122 Stat. 1664], 2067; amended [Pub. L. 112–240, title VII, § 701(f)(1)], Jan. 2, 2013, [126 Stat. 2364]; [Pub. L. 113–79, title IX, § 9002(a)], Feb. 7, 2014, [128 Stat. 926]; [Pub. L. 115–334, title IX, § 9002], Dec. 20, 2018, [132 Stat. 4883]; [Pub. L. 118–22, div. B, title I, § 102(d)(6)(A)], Nov. 17, 2023, [137 Stat. 117].)