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Acquisition Policy Flash! 15-18

What's Changed?

Reporting Requirement for Purchases of Biobased Products

Purpose:  This Acquisition Policy Flash provides policy and updated procedural guidance to contracting officers to ensure that contractors comply, as applicable, with the annual requirement to report biobased product purchases pursuant to Federal Acquisition Regulation (FAR) 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Dated:  September 29, 2015

Federal Acquisition Regulation (FAR) Parts Impacted:  FAR Subpart 23.4, Use of Recovered Materials and Biobased Products, and FAR Subpart 52.2, Text of Provisions and Clauses.

Effective Date:  October 1, 2015

Cancellation:  This supersedes Acquisition Policy Flash! 15-01, Biobased Reporting, dated October 17, 2014.

Background:  Section 9002 of the Farm Security and Rural Investment Act of 2002 (2002 Farm Bill), as amended by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) and the Agricultural Act of 2014 (2014 Farm Bill); FAR Subpart 23.4, Use of Recovered Materials and Biobased Products; and section 3(i)(i) of Executive Order (EO) 13693, Planning for Federal Sustainability in the Next Decade, require Federal agencies to give preference to the procurement of biobased products (also known as “BioPreferred® products) designated by the US Department of Agriculture (USDA).  Biobased products are defined as products derived from plants and other renewable agricultural, marine, and forestry materials and provide an alternative to conventional petroleum derived products.

The 2008 Farm Bill requires reporting on the category of product, type of product, and dollar value of all USDA-designated biobased products purchased under applicable contracts.  Pursuant to FAR 52.223-2, and the Implementing Instructions for EO 13693 (section E.4, Biobased and BioPreferred Purchasing), contractors are required to report annually on the product types and dollar value of USDA-designated biobased products purchased by the contractor under service and construction contracts during the previous fiscal year.  The reports facilitate agency efforts to accurately track and increase purchase of biobased products to meet Federal mandates.  Information on USDA-designated biobased products is available at http://www.biopreferred.gov/ External link to a government website.

Applicability:  This policy applies to all contracts subject to the reporting requirements of FAR 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts.

Actions Required:  As part of monitoring of contract performance, and to ensure timely and accurate reporting of biobased product purchases, contracting officers shall:

a.  Remind the contractor of the requirement at FAR 52.223-2(c)(1) and (2) to report the purchase of USDA-designated biobased and BioPreferred products by product types and dollar value, using the System for Award Management (SAM) at http://www.sam.gov, and to provide the contracting officer with a copy of the reporting data;

b.  Ensure that all contractors accomplish the reporting requirement by October 31 of each year during contract performance, and at the end of contract performance, for biobased and BioPreferred® products purchased by the contractor under service and construction contracts during the previous Government fiscal year (between October 1 and September 30); and,

c.  Complete the Federal Procurement Data System (FPDS) data element 8L - Use of Recovered Materials.  This field must be completed when the contracting officer includes the clause in the contract for biobased products.  Please select the appropriate value from the drop down menu.

NOTE:  The FPDS data element 8L prompts the requirement in SAM for the contractor to report the biobased product purchases.  As such, it is imperative that the appropriate value in the 8L drop down menu be filled out correctly.

Additional Information:  Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at (202) 632-5288 or va.procurement.policy@va.gov.