Page:United States Statutes at Large Volume 116 Part 1.djvu/502

 116 STAT. 476 PUBLIC LAW 107-171—MAY 13, 2002 (B) hydrogen derived from biomass or water using an energy source described in subparagraph (A). (5) RURAL SMALL BUSINESS. — The term "rural small business" has the meaning that the Secretary shall prescribe by regulation. (6) SECRETARY.—The term "Secretary" means the Secretary of Agriculture. 7 USC 8102. SEC. 9002. FEDERAL PROCUREMENT OF BIOBASED PRODUCTS. (a) APPLICATION OF SECTION. —Except as provided in subsection (c), each Federal agency shall comply with the requirements set forth in this section and any regulations issued under this section, with respect to any purchase or acquisition of a procurement item where the purchase price of the item exceeds $10,000 or where the quantity of such items or of functionally equivalent items purchased or acquired in the course of the preceding fiscal year was $10,000 or more. (b) PROCUREMENT SUBJECT TO OTHER LAW.— Any procurement, by any Federal agency, which is subject to regulations of the Administrator under section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962), shall not be subject to the requirements of this section to the extent that such requirements are inconsistent with such regulations. (c) PROCUREMENT PREFERENCE.— (1) Except as provided in paragraph (2), after the date specified in applicable guidelines prepared pursuant to subsection (e) of this section, each Federal agency which procures any items designated in such guidelines shall, in making procurement decisions, give preference to such items composed of the highest percentage of biobased products practicable, consistent with maintaining a satisfactory level of competition, considering such guidelines. (2) AGENCY FLEXIBILITY.— Notwithstanding paragraph (1), an agency may decide not to procure such items if the agency determines that the items— (A) are not reasonably available within a reasonable period of time; (B) fail to meet the performance standards set forth in the applicable specifications or fail to meet the reasonable performance standards of the procuring agencies; or (C) are available only at an unreasonable price. (3) After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section, contracting offices shall require that, with respect to biobased products, 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. (d) SPECIFICATIONS. —All Federal agencies that have the responsibility for drafting or reviewing specifications for procurement items procured by Federal agencies shall, within one year after the date of publication of applicable guidelines under subsection (e), or as otherwise specified in such guidelines, assure that such specifications require the use of biobased products consistent with the requirements of this section. (e) GUIDELINES. — (1) IN GENERAL.— The Secretary, after consultation with the Administrator, the Administrator of General Services, and the Secretary of Commerce (acting through the Director of

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