November 7, 2012
CLASS DEVIATION FROM FAR 52.223-2, AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (MAY 2012) TO CHANGE THE DUE DATE FOR FY 2012 REPORTS AND GUIDANCE ON NEW REPORTING WEBSITE
PURPOSE: This deviation provides authority to extend the reporting deadline contained in paragraph (c)(2) of the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts (MAY 2012), from October 31, 2012 to December 31, 2012 for the fiscal year 2012 report. This deviation does not extend report due dates for fiscal year 2013 or beyond. Those reports will continue to be due October 31of each year.
In addition to the providing deviation authority to extend the submission date for fiscal year 2012, this PIC directs contracting officers to complete the fill-in contained in paragraph (d) of the clause with http://www.biopreferred.gov, regardless of whether the deviation to extend the due date is used.
BACKGROUND: 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. Additionally, On February 21, 2012, President Obama issued a Presidential Memorandum, "Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement." Section 5 of the Memorandum, directed a change to the FAR to accommodate the biobased reporting requirement. FAR clause 52.223-2 was revised, effective May 18, 2012, to implement the reporting requirements.
To ensure reporting across agencies is uniform in content and format, the United States Department of Agriculture has created a web-based portal with the reporting template and additional information on the reporting process at http://www.biopreferred.gov. The extension of the reporting deadline is necessitated by delays in the development and deployment of the web-based portal.
GUIDANCE: If a contract contains the clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts dated MAY 2012, and the contractor has reported for FY 2012 already, advise the contractor to submit future annual reports at http://www.biopreferred.gov .
If a contract contains the clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts dated MAY 2012, and the contractor has not yet reported, modify the contract to extend the due date for 2012 reporting period to December 31, 2012 and change the fill-in in paragraph (d) to http://www.biopreferred.gov.
For future contract actions, include 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, as applicable, and insert http://www.biopreferred.gov in the fill-in, contained in paragraph (d) of the clause.
For existing contracts that contain a version of the clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, dated prior to May 2012, no action is necessary.
EFFECTIVE DATE: This PIC is effective as dated. The authority to extend the biobased reporting requirement deadline for the Fiscal year 2012 report is in effect until January 1, 2013.
The requirement to complete the fill-in contained in paragraph (d) of the clause with http://www.biopreferred.gov remains in effect until it is incorporated into the FAR or NFS.
HEADQUARTERS CONTACT: Marilyn E. Chambers, Contract Management Division, 202-358-5154, email: Marilyn.firstname.lastname@example.org.
William P. McNally
Assistant Administrator for Procurement