12 2 STA T . 1 307PUBLIC LA W 110 – 23 4—M A Y 22 , 200 8‘ ‘ (3)GUIDEL I N E S.— ‘‘( A ) I N G ENE RA L.— TheS e cr e ta r y, a f ter c onsul tat i on w ith the A dm inistrator, the Administrator of General Ser v- ices, and the Secretary of C ommerce (actin g through the D irector of the N ational Institute of Standards and Tech- nology), shall p repare, and from time to time revise, guide- lines for the use of procuring agencies in complying with the re q uirements of this su b section. ‘‘( B ) R E Q UIRE M EN T S.—The guidelines under this para- graph shall— ‘‘(i) designate those items (including finished prod- ucts) that are or can be produced with biobased prod- ucts (including biobased products for which there is only a single product or manufacturer in the category) that will be sub j ect to the preference described in para- graph ( 2 )
‘‘(ii) designate those intermediate ingredients and feedstoc k s that are or can be used to produce items that will be subject to the preference described in para- graph (2); ‘‘(iii) automatically designate items composed of intermediate ingredients and feedstocks designated under clause (ii), if the content of the designated inter- mediate ingredients and feedstocks e x ceeds 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) provide information as to the availability, rel- ative price, performance, and environmental and public health benefits of such materials and items; and ‘‘(vi) take effect on the date established in the guidelines, which may not exceed 1 year after publica- tion. ‘‘(C) IN FO RMATION P RO V IDED.—Information provided pursuant to subparagraph (B)(v) with respect to a material or item shall be considered to be provided for another item made with the same material or item. ‘‘(D) P RO H I B ITION.—Guidelines issued under this para- graph may not require a manufacturer or vendor of biobased products, as a condition of the purchase of biobased products from the manufacturer or vendor, to provide to procuring agencies more data than would be required to be provided by other manufacturers or vendors offering products for sale to a procuring agency, other than data confirming the biobased content of a product. ‘‘( E ) Q UALIF Y ING PUR C HASES.—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 pre- ceding fiscal year was at least $10,000. ‘‘( 4 ) ADMINISTRATION.— Ef f ectiv e da te .
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