Biobased products
Federal contracts exceeding $10,000 for USDA-designated biobased products must prioritize, certify, and report on biobased content in compliance with the BioPreferred® Program.
Overview
FAR 23.107-2 establishes requirements for the procurement of biobased products under the USDA BioPreferred® Program, as mandated by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005. The regulation applies to contract actions involving biobased products in USDA-designated categories when the price or aggregate purchases exceed $10,000. Agencies must implement affirmative procurement programs that include preference and promotion of biobased products, preaward certification, reporting, and annual program reviews. Agencies are required to purchase biobased products to the maximum extent practicable, specify biobased content in contracts, and treat eligible products from designated countries equitably. Agencies have one year to update procurement programs after USDA category changes, and must consult both USDA resources and internal guidance for compliance.
Key Rules
- Applicability Thresholds
- Applies to contracts for USDA-designated biobased products when purchases exceed $10,000, either per transaction or in aggregate over the prior fiscal year.
- Affirmative Procurement Program
- Agencies must establish and maintain programs that give preference to biobased products, promote their use, require preaward certification, and conduct annual reviews.
- Contract Requirements
- Contracts must specify the highest practicable biobased content or USDA minimum standards, and may require product data.
- Foreign Products
- Eligible biobased products from designated countries are given preference if they meet all other requirements, except for the domestic content rule.
Responsibilities
- Contracting Officers: Ensure contracts comply with biobased product requirements, request necessary certifications, and consult agency programs.
- Contractors: Provide required certifications, supply products meeting biobased content standards, and report usage as required.
- Agencies: Develop, implement, and monitor affirmative procurement programs, update programs after USDA changes, and ensure compliance with reporting and review obligations.
Practical Implications
- This regulation drives the federal purchase of biobased products, supporting sustainability and rural economies.
- Contractors must be prepared to certify and document biobased content, and agencies must maintain robust procurement programs.
- Common pitfalls include failing to meet content standards, missing reporting requirements, or not updating programs after USDA changes.