The Federal Acquisition Regulation (FAR) contains the uniform policies and procedures for acquisition by all executive agencies and is jointly issued by the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA).
Biobased Products Preference Program
On November 7, 2007, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) issued a rule to amend the Federal Acquisition Regulation (FAR) to implement the procurement preference provisions for biobased products established in section 9002 of the FSRIA.
The rule added biobased provisions to FAR Part 7 (acquisition planning), Part 11 (describing Agency needs), Part 12 (acquisitions of commercial product), Part 13 (simplified acquisitions) and Part 23 (use of products containing recovered materials and biobased products). The FAR provisions require executive agencies to consider the maximum practical use of biobased products when considering specifications, describing Government requirements, and developing source-selection factors.
The rule includes definitions of biobased product and USDA-designated items (Part 2), requirements for agencies to establish affirmative procurement programs for biobased products (Part 23.404), procedures for contracting officers when purchasing products or services (Part 23.405), requirements for solicitation provisions and contract clauses (Part 23.406 and Part 52), and provisions for monitoring contractor compliance (Part 42).
Biobased Products Contactor Reporting
On April 18, 2012, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), collectively known as the FAR Council, issued a final rule to amend the Federal Acquisition Regulation (FAR) to implement changes due to the Farm Security and Rural Investment Act that require contractors to report the biobased products purchased under service and construction contracts. This reporting enables agencies to monitor compliance with the Federal preference for purchasing biobased products.
On August 1, 2013, the FAR Council published a revision.
to FAR clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. The revision requires services and construction contractors to report their purchases of biobased products to a new reporting portal within the System for Award Management (SAM). It also deleted the section requiring agencies to provide an environmental point of contact.