Biobased Procurements (FAR Case 2010-004)

Summary:

FAC 2005-58 includes a final rule amending 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 will enable agencies to monitor compliance with the Federal preference for purchasing biobased products.

Supplementary Information:

I.  Background

DoD, GSA, and NASA published a proposed rule in the Federal Register at 76 FR 41179 on July 13, 2011, to implement 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). These statutory provisions are codified at 7 U.S.C. 8102. This section of the United States Code requires Federal agencies to establish a procurement program, develop procurement specifications, procure biobased products, and give preference to those items that are composed of the highest percentage of biobased products practicable or those products that comply with the regulations issued under section 103 of Public Law 100-556 (42 U.S.C. 6914b-1). Title 7 U.S.C. 8102 provides Federal agencies the flexibility not to procure biobased products if the product cannot be acquired-

(a)  Within a reasonable time frame providing for compliance with the contract performance schedule;

(b)  Meeting reasonable performance requirements; or

(c)  At a reasonable price.  

The Biobased Products Preference Program was originally implemented in FAR Case 2004-032, which was published in the Federal Register at 72 FR 63040, November 7, 2007. This final rule implements additional elements of 7 U.S.C. 8102 as amended by Public Law 110-246. This final rule also meets the direction in the Presidential Memorandum, "Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement," dated February 21, 2012, to amend the FAR to require reporting of biobased product purchases.

Two respondents submitted 14 public comments on the proposed rule.

II.  Discussion and Analysis

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided here.

Dates:

The Effective Date for this final rule is 18 May 2012.

Click here to read the entire Federal Register notice for this rule.