The U.S. Department of Defense, General Services Administration and National Aeronautics and Space Administration have jointly published a proposed rule that would require contractors to report their use of biobased products— composed of renewable plant, animal, marine, or forestry materials—in service and construction projects. 76 Fed. Reg. 41,179 (7/13/11). The proposal would implement Farm Security and Rural Investment Act of 2002 (FSRIA) revisions requiring federal agencies to establish a procurement program, develop procurement specifications, procure biobased products, and give preference to those items containing the highest percentage of biobased products practicable. The U.S. Department of Agriculture’s “biopreferred program” was created by FSRIA and calls on agencies to purchase the products when possible. The proposed reporting requirements are designed to assist in monitoring compliance with the federal preference for biobased products, according to the agencies. Comments will be accepted by the three agencies until September 12, 2011.
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Federal agencies publish proposed rule on use of biobased products
- Shook Hardy & Bacon LLP
- David Erickson and Mark Anstoetter
- USA
- July 22 2011
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How Yee Loh
In-house Counsel
Kuok Group