U.S. DEPARTMENT OF AGRICULTURE
WASHINGTON, D.C. 20250
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DEPARTMENTAL REGULATION
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NUMBER: 5023-002 |
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SUBJECT: Biobased
Products Procurement Program |
DATE: April
20, 2005 |
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OPI: Office of Procurement and Property Management |
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1 PURPOSE
This Departmental Regulation sets forth the policy of the Department of Agriculture to increase the purchase and use of biobased products to the extent practicable.
2 DEFINITION
Biobased
Product: A product determined by the
Secretary of Agriculture to be a commercial or industrial product (other than
food or feed) that is composed, in whole or in significant part, of biological
products or renewable domestic agricultural materials (including plant, animal,
and marine materials) or forestry materials.
3 ABBREVIATIONS
BBCC Biobased
Products and Bioenergy Coordination Council
BPLC Biobased Products Leadership Council
CAO/ASA Chief
Acquisition Officer/Assistant Secretary for Administration
FSRIA Farm Security and Rural Investment Act of 2002 (Pub. L. No. 107-171)
USDA Department of Agriculture
4 POLICY
It shall be USDA policy to increase the
acquisition and use of biobased products consistent with the actions ordered
below.
Section 9002 of the Farm Security and Rural
Investment Act of 2002 (FSRIA)(7 U.S.C. 8102) requires USDA to develop and
implement a biobased product procurement program designed to increase the
purchase and use of biobased products, consistent with applicable provisions of
Federal procurement law.
a Secretary's Memorandum 1042-003 established
the BPLC. The provisions of the
Secretary's Memorandum are made a part of this Departmental Regulation as
Appendix A.
b The
BPLC is chaired by the Deputy Secretary of Agriculture and is composed of
Deputy Under Secretaries for Farm and Foreign Agricultural Services; Natural
Resources and Environment; Research, Education and Economics; and Rural
Development, with the CAO/ASA,
Chief Economist and BBCC serving in advisory/support roles. The objective of the BPLC is to provide
leadership in increasing the acquisition and use of biobased products by USDA
agencies and offices.
c The
BPLC shall meet at least twice each fiscal year.
d The BPLC, with support and guidance from the CAO/ASA, Chief
Economist and BBCC, shall promote and further the objectives of the USDA-wide
biobased procurement program applicable to all USDA organizations.
e In addition to the items designated pursuant to FSRIA, the BPLC will promote the acquisition and use of undesignated biobased items/products, consistent with applicable Federal procurement law. Biobased products can be found at many web-based sites such as http://www.unitedsoybean.org/what_nu.htm
http://lepton.marz.com/ncga/comm_dev_center/index_PG.asp
and http://www.biobased.oce.usda.gov
. (The commercial websites are list solely for instructive
purposes. USDA does not endorse any
specific commercial service.) Such products
must satisfy agency requirements, meet applicable schedule/delivery requirements,
and be available at a reasonable price.
f The BPLC shall ensure actions to promote the USDA biobased product
procurement begin during fiscal year 2005.
The program shall be reviewed annually by the BPLA. Actions shall be taken to correct weaknesses
that impair the support the increased use and purchase of biobased products.
g The CAO/ASA shall manage all USDA-wide
procurement policy issuances related to biobased procurement consistent with
Section 9002 of FSIRA, Federal procurement law and the decisions of the BPLC.
h The Chief Economist shall manage policy
issuances involving guidance and biobased product designation consistent with
Section 9002 of FSRIA.
i USDA
agencies and offices shall provide the resources necessary to support the
increased procurement and use of biobased products.
a The USDA biobased procurement program will
consist of a biobased product preference program; a biobased product
procurement promotion program; and annual review and monitoring of program
effectiveness.
b For a procurement preference to apply, the
products/items must first be
designated. Once designated, the
products/items must be reasonably
available, meet performance standards, and be reasonably priced. The preference
may be stated in terms of minimum biobased content standards or on the basis of
highest percentage of biobased products offered by a vendor.
c Consistent
with agency needs and applicable federal procurement law, the acquisition of
biobased products may begin in advance of the actual designation of items.
8 ADDITIONAL
INFORMATION
Additional
information on biobased products is available on the Office of the Chief
Economist website at: http://www.biobased.oce.usda.gov. Points of contact include: Marvin Duncan,
Office of the Chief Economist, (202) 401-0532 or marvin.duncan@usda.gov, or Mike Green, Departmental
Administration, Office of Procurement and Property Management, at (202)
720-7921 or mike.green@usda.gov.
-END-
Appendix
A
UNITED STATES DEPARTMENT
OF AGRICULTURE
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20250
January 19, 2005
SECRETARY'S MEMORANDUM 1042-003
Establishing The USDA BIobased Products PROCUREMENT
Program
1 PURPOSE
Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA)
(7 U.S.C. 8102) requires the Department of Agriculture (USDA) to develop and implement a biobased product procurement program designed to increase the purchase and use of biobased products, consistent with applicable provisions of Federal procurement law.
This memorandum sets forth the policy of the Department of Agriculture to increase the purchase and use of biobased products to the extent practicable, consistent with federal procurement law.
2 DEFINITION
A biobased product is defined in Section 9002 as:
A product determined by the Secretary [of Agriculture] to be a commercial or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products or renewable domestic agricultural materials (including plant, animal, and marine materials) or forestry materials.
3 BACKGROUND
Promoting the increased purchase and use of biobased products is part of our overall mission responsibility to provide leadership on agriculture, natural resources conservation, and related issues based on sound public policy, the best available science, and efficient management. Our commitment to biobased products is consistent with our vision to be a dynamic organization able to provide the integrated program delivery needed to lead a rapidly evolving agriculture system.
Annually, USDA procures a broad range of products and services. Many of these products, and the products used in providing these services, can be produced from biobased materials and used in lieu of products derived from non-renewable resources.
Increased USDA procurement and use of biobased products
provides opportunities to: (1) boost domestic demand for many agricultural
commodities to serve as feed-stocks for producing the products; (2) generate
new investment, job formation, and income generation in Rural America; and, (3)
benefit the environment by substituting biobased
products for items made from less environmentally responsible materials.
While Section 9002 of FSRIA contains government-wide
responsibilities for USDA regarding biobased products, the focus of this
Secretary’s Memorandum is on internal USDA action to boost the acquisition of
these products.
4 ESTABLISHING A BIOBASED PRODUCTS LEADERSHIP COUNCIL
This
Secretary’s Memorandum establishes a new Biobased Products Leadership Council
(BPLC) to provide additional emphasis, senior-level leadership, and
coordination on increased USDA purchase and use of biobased products. This new council will work in conjunction
with the USDA Biobased Products and Bioenergy Coordination Council (BBCC)
established by Departmental Regulation 9600-002 (Among its duties, the BBCC has
the responsibility to support acquisition of biobased products resulting from
USDA research, development and technology transfer programs).
Mission area Deputy Under Secretaries, working
collaboratively with the BBCC, shall provide the leadership required to expand
the purchase and use of biobased products, through a Biobased Products
Leadership Council, as ordered below.
The Deputy Secretary of Agriculture shall chair this Council. The Chief Acquisition Officer
(CAO)/Assistant Secretary for Administration (ASA) and the Chief Economist
shall provide advice and support in their respective areas of expertise to the
Council. The CAO has delegated
responsibility for all USDA-wide procurement policy. Similarly, the Chief Economist has delegated responsibility to
implement Section 9002. The CAO will
provide staff support to the new council.
5 FEDERAL ACQUISITION REGULATION APPLICABILITY
Consistent with applicable federal procurement law and
regulation, the biobased procurement program shall be implemented through the
Agricultural Acquisition Regulation (AGAR), AGAR Advisories (as appropriate),
and other appropriate internal mission area issuances.
6 BIOBASED PROCUREMENT PROGRAM CONTENTS
As required by FSRIA, the USDA biobased procurement program
will contain the following:
a Biobased product preference program;
b Promotion program
to promote the preference program established in (1) above; and,
c Annual review and monitoring of program
effectiveness.
Implementation
of the actions ordered below are to be taken consistent with these and other
relevant requirements of FSRIA Section 9002.
7 EFFECTIVE DATE
The
provisions of this memorandum are effective immediately.
8
POLICY
It shall be
USDA’s policy to increase the acquisition and use of biobased products
consistent with the actions ordered below.
For a procurement preference to apply, the products/items must first be
designated. Once designated,
products/items must be reasonably available, meet performance standards, and be
reasonably priced. The preference may
be stated in terms of minimum biobased content standards or on the basis of
highest percentage of biobased products offered by a vendor.
9 ACTIONS ORDERED
The following actions are hereby ordered:
a A USDA Biobased
Products Leadership Council is hereby established. The Council shall be composed of the following mission area
Deputy Under Secretaries, with the CAO/ASA, Chief Economist and BBCC serving in
advisory/support roles as described in Section 4, above:
Farm
and Foreign Agricultural Services;
Natural
Resources and Environment;
Research,
Education and Economics; and,
Rural
Development.
The BBLC shall coordinate its efforts to increase the procurement
and use of biobased products in USDA with the activities of the BBCC.
b All USDA agencies
shall provide the resources necessary to support the increased procurement and
use of biobased products.
c The Leadership
Council shall meet at least twice each fiscal year.
d The Deputy
Secretary of Agriculture shall chair the Leadership Council.
e The Council, with
support and guidance from the CAO/ASA, Chief Economist, and BBCC, shall promote
and further the objectives of the USDA-wide biobased procurement program
applicable to all USDA organizations.
Consistent with agency needs and applicable federal procurement law, the
acquisition of biobased products may begin in advance of the actual designation
of items.
f The CAO shall manage all USDA-wide procurement policy
issuances related to biobased procurement consistent with the decisions of the
Council and will coordinate USDA's biobased procurement preference
program. Similarly, the Chief Economist
shall manage policy issuances involving biobased product designation.
g In addition to the items designated pursuant
to Section 9002, the Council will promote the acquisition and use of
undesignated biobased products, consistent with applicable federal procurement
law. Such products must satisfy agency
requirements, meet applicable schedule/delivery requirements, and be available
at a reasonable price.
h The Council shall
ensure actions to promote the USDA biobased product procurement begin during
fiscal year 2005. The program shall be
reviewed annually, and if needed, these actions revised to ensure that it
continues to be relevant in supporting the increased purchase and use of
biobased products in USDA.
i The Council
members serve as “champions” to promote and expand the purchase and use of
biobased products USDA-wide.