12 2 STA T . 2 067PUBLIC LA W 110 – 2 4 6 —J U NE 1 8, 2008 ‘ ‘ (13)REN E WABL E ENE RGY.—Thet e rm ‘re n e wabl e ener gy’ mean s energy d er iv ed f r o m— ‘‘( A )awind , solar, renewable biomass, o c ean (incl u ding tidal, wave, current, and thermal), geothermal, or hydro - electric source
or ‘‘( B ) hydrogen derived from renewable biomass or water using an energy source described in sub p aragraph (A). ‘‘(1 4 ) S E C RE T ARY.—The term ‘Secretary’ means the Sec- retary of Agriculture. ‘ ‘ SEC.90 0 2 . BIO B A SE DM A RK E T S P RO G RAM. ‘‘(a) F E D ERAL P R O C U RE M ENT O F B I OBA S ED PRODUCTS.— ‘‘(1) D EFINITION OF P ROCURING AGENCY.— I n this subsection, the term ‘procuring agency’ means— ‘‘(A) any Federal agency that is using Federal funds for procurement; or ‘‘(B) a person that is a party to a contract with any Federal agency, with respect to wor k performed under such a contract. ‘‘( 2 ) PROCUREMENT PREFERENCE.— ‘‘(A) IN GENERAL.— ‘‘(i) PROCURING AGENCY DUTIES.— Ex cept as pro- vided in clause (ii) and subparagraph (B), after the date specified in applicable guidelines prepared pursu- ant to paragraph (3), each procuring agency shall— ‘‘(I) establish a procurement program, develop procurement specifications, and procure biobased products identified under the guidelines described in paragraph (3) in accordance with this section; and ‘‘(II) with respect to items described in the guidelines, give a procurement preference to those items that— ‘‘(aa) are composed of the highest percent- age of biobased products practicable; or ‘‘(bb) comply with the regulations issued under section 1 0 3 of Public L aw 100 –5 5 6 (42 U .S. C .6 9 14b–1). ‘‘(ii) E X CEPTION.—The re q uirements of clause (i)(I) to establish a procurement program and develop procurement specifications shall not apply to a person described in paragraph (1)(B). ‘‘(B) FLEXIBILITY.— N otwithstanding subparagraph (A), a procuring agency may decide not to procure items described in that subparagraph if the procuring agency determines that the items— ‘‘(i) are not reasonably available within a reason- able period of time; ‘‘(ii) fail to meet— ‘‘(I) the performance standards set forth in the applicable specifications; or ‘‘(II) the reasonable performance standards of the procuring agencies; or ‘‘(iii) are available only at an unreasonable price. ‘‘(C) M INIMUM RE Q UIREMENTS.—Each procurement pro- gram required under this subsection shall, at a minimum— 7USC8102.
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