12 2 STA T . 2 068PUBLIC LA W 110 – 2 4 6 —J U NE 18 , 2008 ‘ ‘ (i)becons is t ent w it hap p l icable p r o v isions o fF e d- eral proc u re m ent law
‘‘(ii) ensure that items composed of biobased prod- ucts will be purchased to the ma x imum extent prac- ticable; ‘‘(iii) include a component to promote the procure- ment pro g ram; ‘‘(iv) provide for an annual review and monitoring of the effectiveness of the procurement program; and ‘‘(v) adopt 1 of the 2 polices described in subpara- graph ( D )or( E ) , or a polic y substantially e q uivalent to either of those policies . ‘‘(D) CASE - BY - C ASE POLI CY. — ‘‘(i) ING ENE R AL.— S ub j ect to subparagraph ( B ) and except as provided in clause (ii), a procuring agency adopting the case-by-case policy shall award a contract to the vendor offering an item composed of the highest percentage of biobased products practicable. ‘‘(ii) E X CEP T ION.—Subject to subparagraph (B), an agency adopting the policy described in clause (i) may ma k e an award to a vendor offering items with less than the maximum biobased products content. ‘‘(E) M INI MU M CONTENT STAN D ARDS.—Subject to subparagraph (B), a procuring agency adopting the min- imum content standards policy shall establish minimum biobased products content specifications for awarding con- tracts in a manner that ensures that the biobased products content required is consistent with this subsection. ‘‘(F) CERTI F ICATION.— A fter the date specified in any applicable guidelines prepared pursuant to paragraph ( 3 ), contracting offices shall require that 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. ‘‘(3) G UIDELINES.— ‘‘(A) IN GENERAL.— T he Secretary, after consultation with the Administrator, the Administrator of General Serv- ices, and the Secretary of Commerce (acting through the Director of the N ational Institute of Standards and Tech- nology), shall prepare, and from time to time revise, guide- lines for the use of procuring agencies in complying with the requirements of this subsection. ‘‘(B) R E Q UIREMENTS.—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 subject to the preference described in para- graph (2); ‘‘(ii) designate those intermediate ingredients and feedstocks 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
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