USDA Proposes Nine Additional Items for Biobased Purchasing Preference

On February 10, 2010, the United States Department of Agriculture (USDA) issued a proposed rule to add nine new items (refereed to as “Round 6”) to the list of designated biobased items. USDA is seeking public comment until April 12, 2009 on the proposed designation of these items, including the item definitions, proposed minimum biobased content for each item, and other issues. The proposal, as it appeared in the Federal Register notice (75 FR 6796), is viewable here.

Designated items, after receiving final approval from USDA, are afforded a Federal purchasing preference under Section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008.

More detailed information on the proposed rule may be viewed here.

Listing of all Item Designations with definitions.

2009 DOE Solar Decathlon

U.S. Department of Energy Solar Decathlon Features Biobased Products. – University and college teams have traveled across the nation to compete in the U.S. Department of Energy’s (DOE) Solar Decathlon on the National Mall in Washington, D.C. At least four are using products made from soybeans to boost their chances in the contest of cutting-edge energy efficiency and renewable energy innovation for homes. Learn more.

Virginia Tech team member Corey McCalla inspects cabinets made with plywood that uses soy as a bonding agent that does not emit harmful fumes from urea formaldehyde.

The Iowa State team's entry included the use of soy-based spray foam insulation.

The Ohio State team members install a wall unit.

Federal Cabinet Officials Urged to Buy Biobased.

U. S. Secretary of Agriculture Thomas Vilsack has sent personal letters and program information to each federal Cabinet official urging agency compliance with the federal BioPreferredSM program. Learn more.

USDA Designates Nine New Biobased Items Under BioPreferred Program.
On a October 23, 2008, the United States Department of Agriculture (USDA) issued a proposed rule that adds nine new items to the list of designated biobased items that are afforded a Federal purchasing preference under Section 9002 of the Farm Security and Rural Investment Act of 2002. The proposed rule appeared in the Federal Register, 7 CFR Part 2902.

2008 Closing the Circle Awards Presented
Soy-based Products Help Federal Government Agencies ‘Go Green’ with Products that Perform.

USDA Designates 27 New Biobased Items Under BioPreferred Program
On May 14, 2008, the United States Department of Agriculture (USDA) issued three final rules that add 27 new items to the list of designated biobased items that are afforded a Federal purchasing preference under Section 9002 of the Farm Security and Rural Investment Act of 2002. The final rules appeared in three separate Federal Register notices, viewable here 73 FR 27928 , 73 FR 27958 , and 73 FR 27978.

Federal Acquisition Regulation (FAR)
A final rule published in the Federal Register on November 7, 2007 incorporates into the FAR, which contains the uniform policies and procedures for acquisition by all federal agencies, requirements for the purchase of biobased products. The new provisions in the FAR will implement the procurement preference for biobased products established in Section 9002 of the 2002 Farm Bill.

Proposed & Final Rules – A series of proposed and final rules by the U.S. Department of Agriculture (USDA) relative to biobased products include:

• Final Rule Amends March 16, 2006 Rule: On November 20, 2006, the USDA amended its March 16, 2006 rule for Designating Biobased Products for Federal Procurement, to establish the effective date by which procuring agencies must give a procurement preference for qualifying biobased water tank coatings and bedding, bed linens, and towels. The effective date for these two categories had been deferred until two or more manufacturers of these items were identified. Additional manufacturers have now been identified and therefore the procurement preferences will go into effect November 20, 2007.
• Proposed Item Designation – Fourth in Series: On October 11, 2006, in a Federal Register notice (71 FR 59862), the USDA proposed to designate an additional 10 biobased items that would be afforded Federal purchasing preference under Section 9002 of the Farm Security and Rural Investment Act of 2002.
• Proposed Item Designation – Second and Third in Series: On August 17, 2006, in two separate notices in the Federal Register ( 71 FR 47566 and 71 FR 47590), the USDA proposed to designate additional 20 biobased items that would receive Federal purchasing preference under Section 9002 of the Farm Security and Rural Investment Act of 2002.
• Interim Final Rule: In a July 27, 2006 notice in the Federal Register (71 FR 42572), the USDA issued an interim final rule amending the “Guidelines for Designating Biobased Products for Federal Procurement”. The interim final rule revises the Guidelines to include contractors of Federal agencies as well as Federal agencies, removes “incidental and unrelated” purchases from the scope of the preferred purchasing program, and clarifies existing USDA policy that biobased products from any “designated country”, consistent with U.S. international trade obligations, would receive the same procurement preference as domestic biobased products.
• Final Item Designation – First in Series: In a March 16, 2006 notice in the Federal Register (70 FR 13686), the USDA finalized the list of the first six biobased items that would be afforded Federal purchasing preference under Section 9002 of the Farm Security and Rural Investment Act of 2002. Federal agencies will be required, with some exceptions, to purchase biobased products within the designated items categories of mobile hydraulic fluids, roof coatings, diesel fuel additives, and penetrating lubricants no later than March 16, 2007. For the other two items, water tank coatings and bedding, bed linens, and towels, USDA is designating these items for preferred procurement, but it is deferring specifying the date by which agencies must provide preferred procurement. For both items, a preferred procurement effective date will be identified when two or more manufacturers of products within the item have been identified.
• Notice of Proposed Rule: In a July 5, 2005, notice in the Federal Register (70 FR 38612), the USDA proposed to designate the first six biobased items that would be afforded Federal purchasing preference under Section 9002 of the Farm Security and Rural Investment Act of 2002.
• Implementing Rule: On January 11, 2005, USDA initiated a series of rulemakings to designate specific biobased items for preferred procurement. The first of these rules was published in the Federal Register (70 FR 1792). The effective date of the Guidelines was February 10, 2005. These guidelines implement provisions of Section 9002. Under the requirements of Section 9002, Federal agencies must procure biobased products that fall within the item categories designated by USDA.

Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA) (7 U.S.C. 8102) requires Federal agencies to establish affirmative procurement programs for preferred purchasing of biobased products.

Because of the importance of biobased products, they were included in Executive Orders (EO) 13101 and 13134, issued in September 1998 and August 1999, respectively. On January24, 2007, a new Executive Order, “Strengthening Federal Environmental, Energy, and Transportation Management,” (EO 13423) was issued. It replaces EO 13101 and EO 13134. The new EO 13423 requires each agency to include and expand purchasing of biobased products in the agency’s acquisition of goods and services. Agency heads are directed to implement sustainable practices for acquisition, reduce or eliminate the purchase of toxic or hazardous chemicals, and prevent waste and pollution. Agencies are directed to establish objectives and targets for implementing the order, to create leadership awards to recognize outstanding performance, and to collect and report on information to measure performance in implementing the order

For your information the United Soybean Board has compiled a Best Practices Guide that includes the law and regulations, relevant Executive Orders, factual information, descriptions of actual practices, and examples of procurement of biobased products by government employees.