8A.317 STATE PURCHASES -- DESIGNATED BIOBASED
PRODUCTS.
1. As used in this section, unless the context otherwise
requires:
a. "Biobased material" means the same as defined in section
469.31.
b. "Designated biobased product" means a biobased product as
defined in section 469.31, and includes a product determined by the
United States department 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, including
renewable domestic agricultural materials including plant, animal,
and marine materials, or forestry materials as provided in 7 U.S.C. §
8102.
2. The department shall do all of the following:
a. Develop procedures and specifications for the purchase of
designated biobased products. The department may develop
specifications after consulting guidelines or regulations promulgated
by the United States department of agriculture pursuant to section 7
U.S.C. § 8102.
b. Require that a purchase of a designated biobased product
be made from the seller whose designated biobased product contains
the greatest percentage of biobased materials, unless any of the
following applies:
(1) The designated biobased product is not available within a
reasonable period of time or in quantities necessary or in container
sizes appropriate to meet a state agency's needs.
(2) The designated biobased product does not meet performance
requirements or standards recommended by a manufacturer, including
any warranty requirements.
(3) The designated biobased product does not meet the functional
requirements and evaluation criteria identified in bid documents.
Functional requirements to be considered may include but are not
limited to the designated biobased product's conformance with ASTM
(American society for testing and materials) international standards.
(4) The purchase of the designated biobased product conflicts
with section 8A.311, subsection 1, paragraph "a".
(5) The designated biobased product is available only at a cost
greater than one hundred five percent of the cost of comparable
products which are not biobased.
c. Establish and maintain a preference program for procuring
the maximum content of biobased materials in biobased products. The
preference program shall include but is not limited to all of the
following:
(1) The inclusion of preferences for designated biobased products
in publications used to solicit bids from suppliers.
(2) The provision of a description of the preference program at
bidders' conferences.
(3) Discussion of the preference program in requests for
proposals or invitations to bid.
(4) Efforts to inform industry trade associations about the
preference program.
3. This section does not apply to a biobased product which is
subject to requirements for procurement in another provision of this
chapter including but not limited to any of the following:
a. Soybean-based ink as provided in section 8A.315.
b. Degradable loose foam packing material manufactured from
grain starches or other renewable resources as provided in section
8A.315.
c. A biobased hydraulic fluid, grease, or other industrial
lubricant as provided in section 8A.316.
4. When evaluating a bid for the purchase of designated biobased
products, the department may take into consideration warranty
provisions and life cycle cost estimates.
Section History: Recent Form
2008 Acts, ch 1104, §2
Referred to in § 8A.311, 216B.3, 260C.19C, 262.25C, 307.21,
904.312C
8A.317 STATE PURCHASES -- DESIGNATED BIOBASED
PRODUCTS.
1. As used in this section, unless the context otherwise
requires:
a. "Biobased material" means the same as defined in section
469.31.
b. "Designated biobased product" means a biobased product as
defined in section 469.31, and includes a product determined by the
United States department 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, including
renewable domestic agricultural materials including plant, animal,
and marine materials, or forestry materials as provided in 7 U.S.C. §
8102.
2. The department shall do all of the following:
a. Develop procedures and specifications for the purchase of
designated biobased products. The department may develop
specifications after consulting guidelines or regulations promulgated
by the United States department of agriculture pursuant to section 7
U.S.C. § 8102.
b. Require that a purchase of a designated biobased product
be made from the seller whose designated biobased product contains
the greatest percentage of biobased materials, unless any of the
following applies:
(1) The designated biobased product is not available within a
reasonable period of time or in quantities necessary or in container
sizes appropriate to meet a state agency's needs.
(2) The designated biobased product does not meet performance
requirements or standards recommended by a manufacturer, including
any warranty requirements.
(3) The designated biobased product does not meet the functional
requirements and evaluation criteria identified in bid documents.
Functional requirements to be considered may include but are not
limited to the designated biobased product's conformance with ASTM
(American society for testing and materials) international standards.
(4) The purchase of the designated biobased product conflicts
with section 8A.311, subsection 1, paragraph "a".
(5) The designated biobased product is available only at a cost
greater than one hundred five percent of the cost of comparable
products which are not biobased.
c. Establish and maintain a preference program for procuring
the maximum content of biobased materials in biobased products. The
preference program shall include but is not limited to all of the
following:
(1) The inclusion of preferences for designated biobased products
in publications used to solicit bids from suppliers.
(2) The provision of a description of the preference program at
bidders' conferences.
(3) Discussion of the preference program in requests for
proposals or invitations to bid.
(4) Efforts to inform industry trade associations about the
preference program.
3. This section does not apply to a biobased product which is
subject to requirements for procurement in another provision of this
chapter including but not limited to any of the following:
a. Soybean-based ink as provided in section 8A.315.
b. Degradable loose foam packing material manufactured from
grain starches or other renewable resources as provided in section
8A.315.
c. A biobased hydraulic fluid, grease, or other industrial
lubricant as provided in section 8A.316.
4. When evaluating a bid for the purchase of designated biobased
products, the department may take into consideration warranty
provisions and life cycle cost estimates.
Section History: Recent Form
2008 Acts, ch 1104, §2
Referred to in § 8A.311, 216B.3, 260C.19C, 262.25C, 307.21,
904.312C
8A.317 STATE PURCHASES -- DESIGNATED BIOBASED
PRODUCTS.
1. As used in this section, unless the context otherwise
requires:
a. "Biobased material" means the same as defined in section
469.31.
b. "Designated biobased product" means a biobased product as
defined in section 469.31, and includes a product determined by the
United States department 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, including
renewable domestic agricultural materials including plant, animal,
and marine materials, or forestry materials as provided in 7 U.S.C. §
8102.
2. The department shall do all of the following:
a. Develop procedures and specifications for the purchase of
designated biobased products. The department may develop
specifications after consulting guidelines or regulations promulgated
by the United States department of agriculture pursuant to section 7
U.S.C. § 8102.
b. Require that a purchase of a designated biobased product
be made from the seller whose designated biobased product contains
the greatest percentage of biobased materials, unless any of the
following applies:
(1) The designated biobased product is not available within a
reasonable period of time or in quantities necessary or in container
sizes appropriate to meet a state agency's needs.
(2) The designated biobased product does not meet performance
requirements or standards recommended by a manufacturer, including
any warranty requirements.
(3) The designated biobased product does not meet the functional
requirements and evaluation criteria identified in bid documents.
Functional requirements to be considered may include but are not
limited to the designated biobased product's conformance with ASTM
(American society for testing and materials) international standards.
(4) The purchase of the designated biobased product conflicts
with section 8A.311, subsection 1, paragraph "a".
(5) The designated biobased product is available only at a cost
greater than one hundred five percent of the cost of comparable
products which are not biobased.
c. Establish and maintain a preference program for procuring
the maximum content of biobased materials in biobased products. The
preference program shall include but is not limited to all of the
following:
(1) The inclusion of preferences for designated biobased products
in publications used to solicit bids from suppliers.
(2) The provision of a description of the preference program at
bidders' conferences.
(3) Discussion of the preference program in requests for
proposals or invitations to bid.
(4) Efforts to inform industry trade associations about the
preference program.
3. This section does not apply to a biobased product which is
subject to requirements for procurement in another provision of this
chapter including but not limited to any of the following:
a. Soybean-based ink as provided in section 8A.315.
b. Degradable loose foam packing material manufactured from
grain starches or other renewable resources as provided in section
8A.315.
c. A biobased hydraulic fluid, grease, or other industrial
lubricant as provided in section 8A.316.
4. When evaluating a bid for the purchase of designated biobased
products, the department may take into consideration warranty
provisions and life cycle cost estimates.
Section History: Recent Form
2008 Acts, ch 1104, §2
Referred to in § 8A.311, 216B.3, 260C.19C, 262.25C, 307.21,
904.312C
