Browse Arkansas Code titles and sections
25-37-102. Procurement of biobased products.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-37-102. Procurement of biobased products.
(a) After the date specified in the guidelines prepared under subsection (b) of this section, each state agency that procures any items designated in the guidelines shall give preference in making procurement decisions to the items composed of the highest percentage of biobased products that are:
(1) Practicable; and
(2) Consistent with maintaining a satisfactory level of competition.
(b)(1)(A) The Office of State Procurement of the Department of Finance and Administration shall prepare and, from time to time, revise guidelines for the use of procuring agencies in complying with the requirements of this section.
(B) The guidelines shall:
(i) Be developed using federal guidelines that designate biobased products that qualify for preferred procurement as authorized by section 9002 of the Farm Security and Rural Investment Act of 2002, 7 U.S.C. § 8102, as those federal guidelines and that federal law existed on January 1, 2005;
(ii) Provide direct or indirect access to information regarding items identified or certified by federal rules, as they existed on January 1, 2005, that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section;
(iii) Set forth recommended practices with respect to the procurement of biobased products and items containing biobased materials; and
(iv) Provide direct or indirect access to information on availability, relative price, performance, and environmental and public health benefits of biobased materials and items.
(2) The office shall prepare final procurement guidelines under this section within one hundred eighty (180) days based on the federal regulations pursuant to 7 U.S.C. § 8102 as they existed o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-37-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:25-37-102
Source file: gov.ar.code.title.25.odt
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Passage SHA-256: 276e096f8b218f2966da0cd4cbb4ea66cc02ec46768b3d5e1686860852d0e3fd
Source location: content.xml paragraph 11132
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25-37-102. Procurement of biobased products.
(a) After the date specified in the guidelines prepared under subsection (b) of this section, each state agency that procures any items designated in the guidelines shall give preference in making procurement decisions to the items composed of the highest percentage of biobased products that are:
(1) Practicable; and
(2) Consistent with maintaining a satisfactory level of competition.
(b)(1)(A) The Office of State Procurement of the Department of Finance and Administration shall prepare and, from time to time, revise guidelines for the use of procuring agencies in complying with the requirements of this section.
(B) The guidelines shall:
(i) Be developed using federal guidelines that designate biobased products that qualify for preferred procurement as authorized by section 9002 of the Farm Security and Rural Investment Act of 2002, 7 U.S.C. § 8102, as those federal guidelines and that federal law existed on January 1, 2005;
(ii) Provide direct or indirect access to information regarding items identified or certified by federal rules, as they existed on January 1, 2005, that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of this section;
(iii) Set forth recommended practices with respect to the procurement of biobased products and items containing biobased materials; and
(iv) Provide direct or indirect access to information on availability, relative price, performance, and environmental and public health benefits of biobased materials and items.
(2) The office shall prepare final procurement guidelines under this section within one hundred eighty (180) days based on the federal regulations pursuant to 7 U.S.C. § 8102 as they existed on January 1, 2005.
(c)(1) The office shall implement the requirements of this section.
(2) Every two (2) years beginning on or before June 30, 2006, the office shall report to the Joint Budget Committee during each regular session of the General Assembly on:
(A) Actions taken by state agencies with regard to purchases of biobased products; and
(B) Progress made in the implementation of this section, including agency compliance with subsection (b) of this section.
(3)(A) Every two (2) years, on or before March 31, each state agency shall report to the office on the effectiveness of the agency's procurement program.
(B) The office shall prepare and make available to each state agency a procedure for presenting the report required under subdivision (c)(3)(A) of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal procurement of biobased products**
(1) **Definition of procuring agency** — In 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 work performed under such a contract.
(2) **Procurement preference**
(A) *In general*
(i) *Procuring agency duties* — Except as provided in clause (ii) and subparagraph (B), after the date specified in applicable guidelines prepared pursuant 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;
(II) with respect to items described in the guidelines, give a procurement preference to those items that—
(aa) are composed of the highest percentage of biobased products practicable; or
(bb) comply with the regulations issued under [section 6914b–1 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6914b–1&num=0&edition=prelim); and
(III) establish a targeted biobased-only procurement requirement under which the procuring agency shall issue a certain number of biobased-only contracts when the procuring agency is purchasing products, or purchasing services that include the use of products, that are included in a biobased product category designated by the Secretary.
(ii) *Exception* — The requirements 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* — Notwithstanding subparagraph (A),
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8102
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 8102. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2155
TITLE 7—AGRICULTURE
§ 8102
and reducing our dependence on fossil fuels by pro-
viding, within 30 days, under the authorities made
available in the Food, Conservation, and Energy Act of
2008:
(i) Loan guarantees for the development, construc-
tion, and retrofitting of commercial-scale biorefineries
and grants to help pay for the development and con-
struction costs of demonstration-scale biorefineries;
(ii) Expedited funding to encourage biorefineries to
replace the use of fossil fuels in plant operations by in-
stalling new biomass energy systems or producing new
energy from renewable biomass;
(iii) Expedited funding to biofuels producers to en-
courage production of next-generation biofuels from
cellulosic biomass and other feedstocks;
(iv) Expansion of the Renewable Energy Systems and
Energy Efficiency Improvements Program, which has
been renamed the Rural Energy for America Program,
to include hydroelectric source technologies, energy
audits, and higher loan guarantee limits; and
(v) Guidance and support for collection, harvest, stor-
age, and transportation assistance for eligible mate-
rials for use in biomass conversion facilities.
This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or enti-
ties, its officers, employees, or agents, or any other
person.
The Secretary of Agriculture is hereby authorized
and directed to publish this memorandum in the Fed-
eral Register.
BARACK OBAMA.
§ 8102. Biobased markets program
(a) Federal procurement of biobased products
(1) Definition of procuring agency
In this subsection, the term ‘‘procuring
agency’’ means—
(A) any Federal agency that
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 8102
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 8102. This identifies an authority to review, not proof of applicability.