Update: USDA Designates New Categories of Biobased Products to Receive Preferential Treatment in Federal Procurement
November 27, 2012
As previously reported here, the Federal Government has a procurement preference program for biobased products called BioPreferred. On November 19, 2012, the Department of Agriculture (USDA) designated 12 new categories of products that qualify for this preferential treatment. Thus, effective December 19, 2012, federal agencies are generally required to purchase biobased products within these categories when the purchase price exceeds $10,000 or the quantity of such products purchased during the preceding fiscal year equaled $10,000 or more.
These new categories are: agricultural spray adjuvants; animal cleaning products; deodorants; dethatcher products; fuel conditioners; leather, vinyl, and rubber care products; lotions and moisturizers; shaving products; specialty precision cleaners and solvents; sun care products; wastewater systems coatings; and water clarifying agents.
To qualify for the BioPreferred program, a product must meet a minimum biobased content level as provided in the published final rule, to be included in 7 C.F.R. Part 3201 as Sections 88-99. USDA set these minimum standards based on product samples submitted voluntarily by manufacturers.
USDA determined that these categories are being produced with biobased products and that their procurement will carry out the objectives of the Farm Security and Rural Investment Act (as amended by the Food, Conservation, and Energy Act) – namely, to improve demand for biobased products, to spur development of the industrial base through value-added agricultural processing and manufacturing in rural communities, and to enhance the Nation’s energy security by substituting biobased products for products derived from imported oil and natural gas.
USDA invites manufacturers and vendors of these products to provide information, including contact information and performance testing, on the BioPreferred website: www.biopreferred.com. Procuring agencies will use this website as a source for locating available biobased products.
Katie Calogero is the attorney responsible for the content of this article.