Page:United States Statutes at Large Volume 116 Part 1.djvu/503

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 477 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 section. Such guidelines shall— (A) designate those items which are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section; (B) set forth recommended practices with respect to the procurement of biobased products and items containing such materials and with respect to certification by vendors of the percentage of biobased products used; and (C) provide information as to the availability, relative price, performance, and environmental and public health benefits, of such materials and items and where appropriate shall recommend the level of biobased material to be contained in the procured product. (2) CONSIDERATIONS. — In making the designation under paragraph (1)(A), the Secretary shall, at a minimum, consider— (A) the availability of such items; and (B) the economic and technological feasibility of using such items, including life cycle costs. (3) FINAL GUIDELINES.—The Secretary shall prepare final Deadline, guidelines under this section within 180 days after the date of enactment of this Act. (f) OFFICE OF FEDERAL PROCUREMENT POLICY. — The Office of Federal Procurement Policy, in cooperation with the Secretary, shall implement the requirements of this section. It shall be the Reports, responsibility of the Office of Federal Procurement Policy to coordinate this policy with other policies for Federal procurement to implement the requirements of this section, and, every two years beginning in 2003, to report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d). (g) PROCUREMENT PROGRAM.—(1) Within one year after the Deadline. date of publication of applicable guidelines under subsection (e), 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 law. (2) Each procurement program required under this subsection shall, at a minimum, contain— (A) a biobased products preference program; (B) an agency promotion program to promote the preference program adopted under subparagraph (A); and (C) annual review and monitoring of the effectiveness of an agency's procurement program. (3) In developing the preference program, the following options shall be considered for adoption: (A) CASE-BY -CASE POLICY DEVELOPMENT.— Subject to the limitations of subsection (c)(2)(A) through (C), a policy of awarding contracts to the vendor offering an item composed of the highest percentage of biobased products practicable. Subject to such limitations, agencies may make an award to a vendor offering items with less than the maximum biobased products content. (B) MINIMUM CONTENT STANDARDS.— Minimum biobased products content specifications which are set in such a way

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