RFO
RFO Version Available
The Revolutionary FAR Overhaul has published a revised version of this clause. The RFO version supersedes the eCFR text below for contracts using the RFO model; see the RFO deviation for applicability.
View RFO version52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. As prescribed in 23.109(c)(2), insert the following clause: Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (a) Definitions. As used in this clause— Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2). USDA-designated product category means a generic grouping of products that are or can be made with biobased materials— (1) That are listed by USDA in a procurement guideline (7 CFR part 3201, subpart B); and (2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov ). (b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and (c) Submit this report no later than— (1) October 31 of each year during contract performance; and (2) At the end of contract performance. [89 FR 30248, Apr. 22, 2024]
23.109(c)
(c) Biobased products in USDA-designated product categories.
(1) Insert the provision at 52.223-1, Biobased Product Certification, in solicitations, other than for acquisitions described at 23.105(d), that--
(i) Require the delivery or specify the use of biobased products in USDA-designated product categories; or
(ii) Include the clause at 52.223-2.
(2) Insert the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts, in service and construction solicitations and contracts, unless the contract will not involve the use of biobased products in USDA-designated product categories at https://www.biopreferred.gov or 7 CFR part 3201.
(1) Insert the provision at 52.223-1, Biobased Product Certification, in solicitations, other than for acquisitions described at 23.105(d), that--
(i) Require the delivery or specify the use of biobased products in USDA-designated product categories; or
(ii) Include the clause at 52.223-2.
(2) Insert the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts, in service and construction solicitations and contracts, unless the contract will not involve the use of biobased products in USDA-designated product categories at https://www.biopreferred.gov or 7 CFR part 3201.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC.
Cross-references within the prescription are not resolved automatically.
Regulatory Stack
The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.
RFO
RFO Version
Overhauled clause text
The Revolutionary FAR Overhaul publishes a revised version of this clause. See the RFO Version tab for the controlling authority under the RFO model.
FAR
FAR Prescription
23.109(c)
(c) Biobased products in USDA-designated product categories.
(1) Insert the provision at 52.223-1, Biobased Product Certification, in solicitations, other than for acquisitions described at 23.105(d), that--
(i) Require the delivery or specify the use of biobased products in USDA-designated product categories; or
(ii) Include the clause at 52.223-2.
(2) Insert the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts, in service and construction solicitations and contracts, unless the contract will not involve the use of biobased products in USDA-designated product categories at https://www.biopreferred.gov or 7 CFR part 3201.
(1) Insert the provision at 52.223-1, Biobased Product Certification, in solicitations, other than for acquisitions described at 23.105(d), that--
(i) Require the delivery or specify the use of biobased products in USDA-designated product categories; or
(ii) Include the clause at 52.223-2.
(2) Insert the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts, in service and construction solicitations and contracts, unless the contract will not involve the use of biobased products in USDA-designated product categories at https://www.biopreferred.gov or 7 CFR part 3201.
Version History
Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.
2 versions tracked from 2024-04-22 to 2024-05-22.
MAY 2024
May 22, 2024
CURRENT
SUBSTANTIVE
Removed in this version
Added in this version
Unchanged
APR 2024 (previous)
MAY 2024 (current)
114 added, 17 removed
(a)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(a)
(a) Definitions. As used in this clause— Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2). USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—
8 added, 38 removed
(1)
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(1)
(1) October 31 of each year during contract performance; and
1 added, 10 removed
(i)
(i) October 31 of each year during contract performance; and
(i)
[Removed]
1 added, 7 removed
(ii)
(ii) At the end of contract performance.
(ii)
[Removed]
1 added, 5 removed
(iii)
(iii) At a reasonable price.
(iii)
[Removed]
6 added, 6 removed
(2)
(2) Submit this report no later than—
(2)
(2) At the end of contract performance.
43 added, 9 removed
(b)
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(b)
(b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
5 added, 8 removed
(c)
(c) In the performance of this contract, the Contractor shall—
(c)
(c) Submit this report no later than—
APR 2024
April 22, 2024
SUBSTANTIVE
Earliest version available from the eCFR
RFO Version
Comparison of the codified eCFR text against the Revolutionary FAR Overhaul revision. Highlights show additions (green) and deletions (red, struck through).
Clause Text
Substantive changes. The RFO version differs materially from the eCFR text.
eCFR (codified)
RFO (implemented)
Unchanged
52.223-2 Reporting of Biobased Products Under Service and Construction Contracts.
eCFR (codified)
RFO (implemented)
1 added, 1 removed
As prescribed in 23.109(c)(2), insert the following clause:
As prescribed in 23.108(c)(2), insert the following clause:
2 added, 2 removed
Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)
Reporting of Biobased Products Under Service and Construction Contracts (Deviation Date)
1 added, 1 removed
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2).
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 4270.2).
23 added, 7 removed
USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—
USDA-designated product category a generic grouping of biobased products that are listed by USDA in a procurement guideline (7 CFR part 4270) and for which USDA has provided minimum biobased content standards (see https://www.biopreferred.gov/resources/categories.html).
5 added, 17 removed
(1)
(1) That are listed by USDA in a procurement guideline (7 CFR part 3201, subpart B); and
(1)
(b) Requirement. The Contractor shall—
43 added, 11 removed
(2)
(2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov).
(2)
(1) Report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
6 added, 45 removed
(b)
(b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(b)
(2) Submit this report no later than—
10 added, 7 removed
(c)
(c) Submit this report no later than—
(c)
(i) October 31 of each year during contract performance; and
5 added, 8 removed
(1)
(1) October 31 of each year during contract performance; and
(1)
(ii) At the end of contract performance.
2 added, 6 removed
(2)
(2) At the end of contract performance.
(2)
(End of clause)
6 removed
[89 FR 30248, Apr. 22, 2024]
Prescription
Substantive changes. The RFO prescription differs materially from the eCFR prescription.
eCFR (codified)
RFO (implemented)
Unchanged
52.223-2 Reporting of Biobased Products Under Service and Construction Contracts.: Prescription
eCFR (codified)
RFO (implemented)
27 added, 6 removed
(c)
(c) Biobased products in USDA-designated product categories.
(c)
(a) General. Insert the clause at 52.223-23, Sustainable Products, in solicitations and contracts unless a written justification or exception (see 23.103(b) and 23.105, respectively) covers the entire acquisition.
19 removed
(1)
(1) Insert the provision at 52.223-1, Biobased Product Certification, in solicitations, other than for acquisitions described at 23.105(d), that--
(1)
16 removed
(i)
(i) Require the delivery or specify the use of biobased products in USDA-designated product categories; or
(i)
6 removed
(ii)
(ii) Include the clause at 52.223-2.
(ii)
44 removed
(2)
(2) Insert the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts, in service and construction solicitations and contracts, unless the contract will not involve the use of biobased products in USDA-designated product categories at https://www.biopreferred.gov or 7 CFR part 3201.
(2)
Related Clauses
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