[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: 7CFR2902.4]



[Page 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. 2902.4  Procurement programs.



    (a) Integration into the Federal procurement framework. The Office 

of Federal Procurement Policy, in cooperation with USDA, has the 

responsibility to coordinate this policy's implementation in the Federal 

procurement regulations. These guidelines are not intended to address 

full implementation of these requirements into the Federal procurement 

framework. This will be accomplished through revisions to the Federal 

Acquisition Regulation.

    (b) Federal agency preferred procurement programs. (1) On or before 

January 11, 2006, each Federal agency shall develop a procurement 

program which will assure that items composed of biobased products will 

be purchased to the maximum extent practicable and which is consistent 

with applicable provisions of Federal procurement laws. Each procurement 

program shall contain:

    (i) A preference program for purchasing designated items,

    (ii) A promotion program to promote the preference program; and

    (iii) Provisions for the annual review and monitoring of the 

effectiveness of the procurement program.

    (2) In developing the preference program, Federal agencies shall 

adopt one of the following options, or a substantially equivalent 

alternative, as part of the procurement program:

    (i) A policy of awarding contracts to the vendor offering a 

designated item composed of the highest percentage of biobased product 

practicable except when such items:

    (A) Are not available within a reasonable time;

    (B) Fail to meet performance standards set forth in the applicable 

specifications, or the reasonable performance standards of the Federal 

agency; or

    (C) Are available only at an unreasonable price.

    (ii) A policy of setting minimum biobased products content 

specifications in such a way as to assure that the biobased products 

content required is consistent with section 9002 of FSRIA and the 

requirements of the guidelines in this part except when such items:

    (A) Are not available within a reasonable time;

    (B) Fail to meet performance standards for the use to which they 

will be put, or the reasonable performance standards of the Federal 

agency; or

    (C) Are available only at an unreasonable price.

    (c) Procurement specifications. After the publication date of each 

designated item, Federal agencies that have the responsibility for 

drafting or reviewing specifications for items procured by Federal 

agencies shall ensure within a specified time frame that their 

specifications require the use of designated items composed of biobased 

products, consistent with the guidelines in this part. USDA will specify 

the allowable time frame in each designation rule. The biobased content 

of a designated item may vary considerably from product to product based 

on the mix of ingredients used in its manufacture. In procuring 

designated items, the percentage of biobased product content should be 

maximized, consistent with achieving the desired performance for the 

product.



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