[Code of Federal Regulations]

[Title 7, Volume 15]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR2902.3]



[Page 89-90]

 

                          TITLE 7--AGRICULTURE

 

           CHAPTER XXIX--OFFICE OF ENERGY POLICY AND NEW USES,

                        DEPARTMENT OF AGRICULTURE

 

PART 2902_GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL 

PROCUREMENT--Table of Contents

 

                            Subpart A_General

 

Sec. 2902.3  Applicability to Federal procurements.



    (a) Applicability to procurement actions. The guidelines in this 

part apply to all procurement actions by Federal agencies involving 

items designated by USDA in this part, where the Federal agency 

purchases $10,000 or more worth of one of these items during the course 

of a fiscal year, or where the quantity of such items or of functionally 

equivalent items purchased during the preceding fiscal year was $10,000 

or more. The $10,000 threshold applies to Federal



[[Page 90]]



agencies as a whole rather than to agency subgroups such as regional 

offices or subagencies of a larger Federal department or agency.

    (b) Exception for procurements subject to EPA regulations under the 

Solid Waste Disposal Act. For any procurement by any Federal agency that 

is subject to regulations of the Administrator of the Environmental 

Protection Agency under section 6002 of the Solid Waste Disposal Act as 

amended by the Resource Conservation and Recovery Act of 1976 (40 CFR 

part 247), these guidelines do not apply to the extent that the 

requirements of this part are inconsistent with such regulations.

    (c) Procuring items composed of highest percentage of biobased 

products. FSRIA section 9002(c)(1) requires Federal agencies to procure 

designated items composed of the highest percentage of biobased products 

practicable, consistent with maintaining a satisfactory level of 

competition, considering these guidelines. Federal agencies may decide 

not to procure such items if they are not reasonably priced or readily 

available or do not meet specified or reasonable performance standards.