52.223-2 Reporting of Biobased Products Under Service and Construction Contracts
Source: FAR 52.223-2 on acquisition.gov
Contractors on service and construction contracts must annually report their purchases of USDA-designated biobased products, supporting federal sustainability initiatives.
Overview
FAR 52.223-2 requires contractors performing service and construction contracts to report their purchases of biobased products in USDA-designated categories. The clause aims to promote the use of biobased products by ensuring transparency and accountability in federal procurement. Contractors must submit annual reports detailing the types and dollar values of biobased products purchased during the previous government fiscal year, as well as a final report at contract completion.
Key Rules
- Definition of Biobased Products and USDA-Designated Categories
- Biobased products are defined as those composed significantly of biological materials, as determined by the USDA. Only products in USDA-designated categories are subject to reporting.
- Reporting Requirement
- Contractors must report the types and dollar values of biobased products purchased in the previous fiscal year to https://www.sam.gov, with a copy to the Contracting Officer.
- Reporting Deadlines
- Reports are due annually by October 31 for each year of contract performance and at the end of contract performance.
Responsibilities
- Contracting Officers: Ensure the clause is included in applicable contracts and receive copies of contractor reports.
- Contractors: Track and report purchases of biobased products in USDA-designated categories by the specified deadlines.
- Agencies: Oversee compliance and review submitted reports.
Practical Implications
- This clause supports federal sustainability goals by tracking the use of biobased products in service and construction contracts.
- Contractors must establish systems to identify, track, and report qualifying purchases, or risk noncompliance.
- Common pitfalls include missing deadlines, incomplete reporting, or failing to identify qualifying products.
As prescribed in 23.109(c)(2), insert the following clause:
Reporting of Biobased Products Under Service and Construction Contracts (May 2024)
(a) Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product 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 and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim" target="_blank">7 U.S.C. 8101) (https://www.ecfr.gov/current/title-7/section-3201.2" target="_blank">7 CFR 3201.2).
USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—
(1) That are listed by USDA in a procurement guideline (https://www.ecfr.gov/current/title-7/part-3201/subpart-B" target="_blank">7 CFR part 3201, subpart B); and
(2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov" target="_blank">https://www.biopreferred.gov ).
(b) The Contractor shall report to https://www.sam.gov" target="_blank">https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(c) Submit this report no later than—
(1) October 31 of each year during contract performance; and
(2) At the end of contract performance.
(End of clause)