Section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008, Pub. L. 110-246 (the Farm Bill) requires Federal agencies to give a procurement preference to USDA-designated biobased products. In addition, the legislation requires each procuring agency to report annually on the types and dollar values of biobased products their contractors purchase under service and construction contracts. The statutory provisions are codified at 7 U.S.C. 8102.
On February 21, 2012, President Obama issued the Presidential Memorandum, "Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement." In accordance with Section 5 of the Memorandum, the Federal Acquisition Regulatory (FAR) Council amended the FAR to implement the reporting requirement referenced above. The FAR Council published a Biobased Procurements proposed rule in the Federal Register at 76 FR 41179 and a final rule at 77 FR 23365, implementing reporting requirement in the FAR at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts with an effective date of May 18, 2012. The due date for contractors to report on their biobased products has been extended until December 31, 2012.
Section 5 of the Presidential Memorandum also requires USDA, in consultation with the Chief Acquisition Officers Council, to develop a reporting template to facilitate annual reporting. This website will serve as a temporary reporting solution. A longer term solution is under development for follow-on annual reporting. Note: Contractors should only report biobased products that were purchased under contracts that were awarded between May 18, 2012 and September 30, 2012 and reported to the Federal Procurement Data System – Next Generation (FPDS-NG). Other contracts will not pass the system validation test. If your contract does not pass the system validation test, see the Frequently Ask Question 12 for assistance.