1、88 7 CFR Ch. XXIX (1111 Edition) 2901.8 2901.6, may request a review of the de-nial by the Secretary within 30 days from the date of the denial. (b) Procedures. Any request for review under 2901.7(a) shall be in writing and shall set forth the specific ground upon which the request is based. There i
2、s no final agency action for purposes of ju-dicial review under 2901.8 until that request has been acted upon. If the re-quest for review has not been acted upon within 30 days after it is received, the request shall be deemed to have been denied. That denial shall then constitute final agency actio
3、n for the purpose of judicial review under 2901.8. 2901.8 Judicial review. Any person aggrieved or adversely af-fected by a final agency action taken on a request for an adjustment under this section may obtain judicial review in accordance with section 506 of the Natural Gas Policy Act of 1978. 290
4、1.9 Effective date. This rule shall become effective on October 29, 1979. PART 2902GUIDELINES FOR DES-IGNATING BIOBASED PRODUCTS FOR FEDERAL PROCUREMENT Subpart AGeneral Sec. 2902.1 Purpose and scope. 2902.2 Definitions. 2902.3 Applicability to Federal procure-ments. 2902.4 Procurement programs. 290
5、2.5 Item designation. 2902.6 Providing product information to Federal agencies. 2902.7 Determining biobased content. 2902.8 Determining life cycle costs, environ-mental and health benefits, and perform-ance. 2902.9 Funding for testing. Subpart BDesignated Items 2902.10 Mobile equipment hydraulic flu
6、ids. 2902.11 Roof coatings. 2902.12 Water tank coatings. 2902.13 Diesel fuel additives. 2902.14 Penetrating lubricants. 2902.15 Bedding, bed linens, and towels. 2902.16 Adhesive and mastic removers. 2902.17 Plastic insulating foam for residen-tial and commercial construction. 2902.18 Hand cleaners a
7、nd sanitizers. 2902.19 Composite panels. 2902.20 Fluid-filled transformers. 2902.21 Disposable containers. 2902.22 Fertilizers. 2902.23 Sorbents. 2902.24 Graffiti and grease removers. 2902.25 2-Cycle engine oils. 2902.26 Lip care products. 2902.27 Films. 2902.28 Stationary equipment hydraulic fluids
8、. 2902.29 Disposable cutlery. 2902.30 Glass cleaners. 2902.31 Greases. 2902.32 Dust suppressants. 2902.33 Carpets. 2902.34 Carpet and upholstery cleaners. 2902.35 Bathroom and spa cleaners. 2902.36 Concrete and asphalt release fluids. 2902.37 General purpose de-icers. 2902.38 Firearm lubricants. 290
9、2.39 Floor strippers. 2902.40 Laundry products. 2902.41 Metalworking fluids. 2902.42 Wood and concrete sealers. 2902.43 Chain and cable lubricants. 2902.44 Corrosion preventatives. 2902.45 Food cleaners. 2902.46 Forming lubricants. 2902.47 Gear lubricants. 2902.48 General purpose household cleaners.
10、 2902.49 Industrial cleaners. 2902.50 Multipurpose cleaners. 2902.51 Parts wash solutions. 2902.52 Disposable tableware. 2902.53 Expanded polystyrene foam recy-cling products. 2902.54 Heat transfer fluids. 2902.55 Ink removers and cleaners. 2902.56 Mulch and compost materials. 2902.57 Multipurpose l
11、ubricants. 2902.58 Reserved 2902.59 Topical pain relief products. 2902.60 Turbine drip oils. SOURCE: 70 FR 1809, Jan. 11, 2005, unless otherwise noted. AUTHORITY: 7 U.S.C. 8102. Subpart AGeneral 2902.1 Purpose and scope. (a) Purpose. The purpose of the guide-lines in this part is to assist procuring
12、 agencies in complying with the re-quirements of section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Public Law 107171, 116 Stat. 476 (7 U.S.C. 8102), as they apply to the procurement of the items des-ignated in subpart B of this part. (b) Scope. The guidelines in this part d
13、esignate items that are or can be pro-duced with biobased products and VerDate Mar2010 11:29 Mar 03, 2011 Jkt 223026 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Y:SGML223026.XXX 223026jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license fro
14、m IHS-,-,-89 Office of Energy Policy and New Uses, USDA 2902.2 whose procurement by procuring agen-cies will carry out the objectives of section 9002 of FSRIA. 71 FR 42575, July 27, 2006 2902.2 Definitions. These definitions apply to this part: Agricultural materials. Agricultural- based, including
15、plant, animal, and ma-rine materials, raw materials or resi-dues used in the manufacture of com-mercial or industrial, nonfood/nonfeed products. ASTM International. ASTM Inter-national, a nonprofit organization or-ganized in 1898, is one of the largest voluntary standards development orga-nizations
16、in the world with about 30,000 members in over 100 different coun-tries. ASTM provides a forum for the development and publication of vol-untary consensus standards for mate-rials, products, systems, and services. BEES. An acronym for Building for Environmental and Economic Sustain-ability, an analy
17、tic tool used to deter-mine the environmental and health benefits and life cycle costs of items, developed by the U.S. Department of Commerce National Institute of Stand-ards and Technology, with support from the U.S. Environmental Protec-tion Agency, Office of Pollution Pre-vention and Toxics (BEES
18、 3.0, Building for Environmental and Economic Sus-tainability Technical Manual and User Guide, NISTIR 6916, National Institute of Standards and Technology, U.S. De-partment of Commerce, October 2002). Also, see http:/www.bfrl.nist.gov/oae/ software/beeslUSDA.html for a discus-sion of how biobased fe
19、edstocks are ad-dressed in the BEES Analysis. Biobased components. Any inter-mediary biobased materials or parts that, in combination with other com-ponents, are functional parts of the biobased product. Biobased content. Biobased content shall be determined based on the amount of biobased carbon in
20、 the ma-terial or product as a percent of weight (mass) of the total organic carbon in the material or product. Biobased product. A product deter-mined by USDA to be a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products
21、 or renewable domestic agricultural ma-terials (including plant, animal, and marine materials) or forestry mate-rials. Biodegradability. A quantitative measure of the extent to which a mate-rial is capable of being decomposed by biological agents, especially bacteria. Biological products. Products d
22、erived from living materials other than agri-cultural or forestry materials. Designated item. A generic grouping of biobased products identified in subpart B that is eligible for the procurement preference established under section 9002 of FSRIA. Diluent. A substance used to diminish the strength, s
23、cent, or other basic property of a substance. Engineered wood products. Products produced with a combination of wood, food fibers and adhesives. EPA-designated recovered content prod-uct. A product, designated under the Resource Conservation and Recovery Act, that is subject to Federal procure-ment
24、as specified in section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962), whereby Federal agencies must give preferred procurement to those products composed of the highest per-centage of recovered materials prac-ticable, subject to availability, cost, and performance. Federal agency. Any execu
25、tive agency or independent establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, the Archi-tect of the Capitol, and any activities under the Architects direction). Filler. A substance added to a product to increase the bulk, weight, v
26、iscosity, strength, or other property. Forest thinnings. Refers to woody ma-terials removed from a dense forest, primarily to improve growth, enhance forest health, or recover potential mor-tality. (To recover potential mortality means to remove trees that are going to die in the near future.) Fores
27、try materials. Materials derived from the practice of planting and car-ing for forests and the management of growing timber. Such materials must come from short rotation woody crops (less than 10 years old), sustainably managed forests, wood residues, or for-est thinnings. VerDate Mar2010 11:29 Mar
28、03, 2011 Jkt 223026 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:SGML223026.XXX 223026jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-90 7 CFR Ch. XXIX (1111 Edition) 2902.3 Formulated product. A product that is prepared
29、or mixed with other ingredi-ents, according to a specified formula and includes more than one ingredient. FSRIA. The Farm Security and Rural Investment Act of 2002, Public Law 107 171, 116 Stat. 134 (7 U.S.C. 8102). Functional unit. A measure of product technical performance that provides a common r
30、eference to which all envi-ronmental and economic impacts of the product are scaled. This reference is necessary to ensure comparability of performance results across competing products. Comparability of results is critical when competing product alter-natives are being assessed to ensure that such
31、comparisons are made on a common basis. For example, the func-tional unit for competing interior paint products may be defined as pro-tecting one square foot of interior wall surface for 50 years. Ingredient. A component; part of a compound or mixture; may be active or inactive. ISO. The Internation
32、al Organization for Standardization, a network of na-tional standards institutes from 145 countries working in partnership with international organizations, govern-ments, industries, business, and con-sumer representatives. Neat product. A product that is made of only one ingredient and is not di-lu
33、ted or mixed with other substances. Procuring agency means any Federal agency that is using Federal funds for procurement or any person contracting with any Federal agency with respect to work performed under the contract. Relative price. The price of a product as compared to the price of other prod
34、-ucts on the market that have similar performance characteristics. Residues. That which remains after a part is taken, separated, removed, or designated; a remnant; a remainder; and, for this purpose, is from agricul-tural materials, biological products, or forestry materials. Secretary. The Secreta
35、ry of the United States Department of Agri-culture. Small and emerging private business en-terprise. Any private business which will employ 50 or fewer new employees and has less than $1 million in pro-jected annual gross revenues. Sustainably managed forests. Refers to the practice of a land stewar
36、dship ethic that integrates the reforestation, man-agement, growing, nurturing, and har-vesting of trees for useful products while conserving soil and improving air and water quality, wildlife, fish habi-tat, and aesthetics. 70 FR 1809, Jan. 11, 2005, as amended at 71 FR 13704, Mar. 16, 2006; 71 FR
37、42575, July 27, 2006 2902.3 Applicability to Federal pro-curements. (a) Applicability to procurement ac-tions. The guidelines in this part apply to all procurement actions by pro-curing agencies involving items des-ignated by USDA in this part, where the procuring agency purchases $10,000 or more wo
38、rth of one of these items during the course of a fiscal year, or where the quantity of such items or of functionally equivalent items pur-chased during the preceding fiscal year was $10,000 or more. The $10,000 thresh-old applies to Federal agencies as a whole rather than to agency subgroups such as
39、 regional offices or subagencies of a larger Federal department or agen-cy. (b) Exception for procurements subject to EPA regulations under the Solid Waste Disposal Act. For any procurement by any procuring agency that is subject to regulations of the Administrator of the Environmental Protection Ag
40、ency under section 6002 of the Solid Waste Disposal Act as amended by the Re-source Conservation Act of 1976 (40 CFR part 247), these guidelines do not apply to the extent that the require-ments of this part are inconsistent with such regulations. (c) Procuring items composed of highest percentage o
41、f biobased products. FSRIA section 9002(c)(1) requires procuring agencies to procure designated items composed of the highest percentage of biobased products practicable or such items that comply with the regulations issued under section 103 of Public Law 100556 (42 U.S.C. 6914b1), consistent with m
42、aintaining a satisfactory level of competition, considering these guidelines. Procuring agencies may de-cide not to procure such items if they are not reasonably priced or readily VerDate Mar2010 11:29 Mar 03, 2011 Jkt 223026 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:SGML223026.XXX 223026jdjones on DS
43、KHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-91 Office of Energy Policy and New Uses, USDA 2902.4 available or do not meet specified or reasonable performance standards. (d) This guideline does not apply to purchases of design
44、ated items that are unrelated to or incidental to Federal funding; i.e., not the direct result of a contract or agreement with persons supplying items to a procuring agency or providing support services that in-clude the supply or use of items. (e) Exemptions. The following applica-tions are exempt
45、from the preferred procurement requirements of this part: (1) Military equipment: Products or systems designed or procured for com-bat or combat-related missions. (2) Spacecraft systems and launch support equipment. 71 FR 42575, July 27, 2006, as amended at 73 FR 27953, May 14, 2008 2902.4 Procureme
46、nt programs. (a) Integration into the Federal pro-curement framework. The Office of Fed-eral Procurement Policy, in coopera-tion with USDA, has the responsibility to coordinate this policys implementa-tion in the Federal procurement regu-lations. These guidelines are not in-tended to address full im
47、plementation of these requirements into the Federal procurement framework. This will be accomplished through revisions to the Federal Acquisition Regulation. (b) Federal agency preferred procure-ment programs. (1) On or before January 11, 2006, each Federal agency shall de-velop a procurement progra
48、m 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 laws. Each procurement program shall contain: (i) A preference program for pur-chasing designated items, (ii) A p
49、romotion program to promote the preference program; and (iii) Provisions for the annual review and monitoring of the effectiveness of the procurement program. (2) In developing the preference pro-gram, Federal agencies shall adopt one of the following options, or a substan-tially equivalent alternative, as part of the procurement program: (i) A policy of awarding contracts to the vendor offering a designated item composed of the highest percentage
