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

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Prescribed in 23.406(b)
Effective Date:	1 September 2013
Clause or Provision:	Clause
Provision or Clause Number:	52.223-2 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Time and Materials/Labor Hour; Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Communication Services; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Indefinite Delivery; Transportation; Simplified Acquisition Procedures (Excludes Micro-Purchase); Commercial Items
Optional:	Utility Services; Leasing of Motor Vehicles; Cost Reimbursement, Supply
Subject:	Envirnomental
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription (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 http://www.biopreferred.gov or 7 CFR part 3201.
Clause Overview:	Clause (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 http://www.biopreferred.gov. (c) In the performance of this contract, the Contractor shall— (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 (2) Submit this report no later than— (i) October 31 of each year during contract performance; and (ii) At the end of contract performance.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:	I
Editor:	Marshall

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Personal notes.