52.223-1 Biobased Product Certification
Source: FAR 52.223-1 on acquisition.gov
Offerors must certify that all biobased products provided under the contract meet USDA-listed requirements and contract specifications, supporting federal sustainability goals.
Overview
FAR 52.223-1, Biobased Product Certification, requires offerors to certify that any biobased products provided under a contract will comply with applicable specifications or contractual requirements. This provision implements requirements from the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005, focusing on promoting the use of biobased products as listed by the USDA. The certification applies to products within categories identified in 7 CFR part 3201, subpart B, and must be made at the time of offer submission. The provision excludes biobased products not purchased as a direct result of the contract.
Key Rules
- Certification Requirement
- Offerors must certify compliance with biobased product requirements when submitting offers for applicable contracts.
- Applicable Product Categories
- Only biobased products listed by the USDA in 7 CFR part 3201, subpart B, are covered.
- Exclusions
- Biobased products not purchased as a direct result of the contract are excluded from this certification.
Responsibilities
- Contracting Officers: Must include this provision in solicitations as prescribed and verify offeror certifications.
- Contractors/Offerors: Must certify that biobased products used or delivered will meet contract requirements and applicable specifications.
- Agencies: Ensure compliance with federal biobased product procurement mandates.
Practical Implications
- This provision ensures federal contracts support the use of biobased products, promoting sustainability and compliance with federal law.
- Contractors must be diligent in sourcing and certifying eligible biobased products, as failure to comply can result in contract issues or disqualification.
- Common pitfalls include misunderstanding which products are covered or failing to properly certify compliance.
As prescribed in 23.109(c)(1), insert the following provision:
Biobased Product Certification (May 2024)
As required by the Farm Security and Rural Investment Act of 2002 (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim" target="_blank">7 U.S.C. 8101(4)) and the Energy Policy Act of 2005 (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim" target="_blank">7 U.S.C. 8102(a)(2)(F)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in https://www.ecfr.gov/current/title-7/part-3201/subpart-B" target="_blank">7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
(End of provision)