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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.chambers@nasa.gov.
/s/
William
P. McNally
Assistant
Administrator for Procurement