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Attachment 1: Changes to Solicitation Provisions, Contract Clauses, and FAR 52.223-2

23.406  Solicitation provisions and contract clauses.

   (a) Insert the provision at 52.223-1, Biobased Product Certification, in solicitations that—

     (1) Require the delivery or specify the use of USDA-designated items; or

     (2) Include the clause at 52.223-2.

   (b) Insert the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, in service or construction solicitations and contracts, unless the contract will not involve the use of USDA-designated items at or 7 CFR part 3201.

52.223-2  Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

As prescribed in 23.406(b), insert the following clause:

Affirmative Procurement of Biobased Products Under Service and Construction Contracts
(Jul 2012)

   (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—

     (1) The product cannot be acquired—

      (i) Competitively within a time frame providing for compliance with the contract performance schedule;

      (ii) Meeting contract performance requirements; or

      (iii) At a reasonable price.

     (2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

      (i) Spacecraft system and launch support equipment.

      (ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

   (b) Information about this requirement and these products is available at

   (c) In the performance of this contract, the Contractor shall—

     (1) Report to the environmental point of contact identified in paragraph (d) of this clause, 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;

     (2) Submit this report no later than—

      (i) October 31 of each year during contract performance; and

      (ii) At the end of contract performance; and

     (3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

   (d) The environmental point of contact for this contract is:
________________________________ [Contracting Officer shall insert full name, phone number, and email address. In addition, the Contracting Officer may include the agency website for reporting.]


(End of clause)

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