FAR 52.223-1—Biobased Product Certification.
Plain-English Summary
FAR 52.223-1 is a solicitation provision used to obtain the offeror’s certification that any biobased products it will use or deliver under the contract will meet the contract’s applicable specifications or other requirements. It implements federal biobased purchasing policy tied to the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005, and it points contractors to USDA-designated product categories in 7 CFR part 3201, subpart B. In practice, the provision is about ensuring that when a contract calls for biobased products, the contractor is committing up front that those products will conform to the stated technical, performance, and quality requirements. It also clarifies an important limitation: the certification applies to biobased products used or delivered in performance of the contract, except for biobased products that the offeror does not purchase as a direct result of the contract. For contracting officers, this provision supports compliance with federal biobased procurement requirements and helps document the offeror’s commitment at the offer stage. For contractors, it creates a binding representation that must be matched by actual sourcing, product selection, and performance during contract execution.
Key Rules
Certification by signing offer
The offeror certifies the requirement by signing the offer; no separate certification form is described in the provision itself. This means the commitment is part of the offer and becomes relevant to award and contract performance.
Applies to covered biobased products
The provision applies only to biobased products within USDA-listed product categories in 7 CFR part 3201, subpart B. If a product is not in a covered category, this provision does not impose the same certification requirement for that product.
Must meet contract requirements
Any covered biobased products to be used or delivered under the contract must comply with the applicable specifications or other contractual requirements. The certification is not just about being biobased; it is about meeting all stated contract standards.
Excludes indirect purchases
The certification does not apply to biobased products that the offeror is not purchasing as a direct result of the contract. This limits the scope of the promise to products actually acquired or supplied because of the contract.
Tied to statutory policy
The provision implements federal biobased procurement policy under the cited statutes. Its purpose is to support government use of biobased products while ensuring those products still satisfy contract performance and specification requirements.
Responsibilities
Offeror
Review the solicitation to identify whether any biobased products are expected to be used or delivered under the contract, determine whether those products fall within USDA-listed categories, and certify by signing the offer that the covered products will comply with applicable specifications or other contractual requirements.
Contractor
After award, ensure that any biobased products used or delivered in performance actually conform to the contract’s technical, quality, and performance requirements, and maintain sourcing and product controls consistent with the certification made in the offer.
Contracting Officer
Include the provision when prescribed, evaluate offers with the understanding that the offeror has made the required certification, and ensure the contract requirements clearly state the applicable specifications or other requirements that the biobased products must meet.
Agency
Follow the federal biobased purchasing framework, identify applicable USDA-designated product categories when acquiring biobased products, and structure procurements so the certification aligns with the agency’s product and performance needs.
Practical Implications
Contractors should verify early whether any deliverables or materials are biobased products in USDA-covered categories, because the certification is made at offer submission and can create performance risk if sourcing changes later.
The biggest pitfall is assuming that “biobased” alone is enough; the products still must meet all contract specifications, so a compliant environmental attribute does not excuse nonconforming performance.
The indirect-purchase limitation matters for supply chains: products not bought as a direct result of the contract are outside the certification, but contractors should still track what is actually being procured for contract performance.
Contracting officers should make sure the solicitation and contract clearly identify the relevant specifications or requirements, since the certification only has meaning when the underlying requirements are clear.
If a contractor cannot confidently certify compliance for a covered biobased product, it should resolve the issue before offer submission rather than treat the certification as a formality.
Official Regulatory Text
As prescribed in 23.109 (c)(1) , insert the following provision: Biobased Product Certification (May 2024) As required by the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101(4) ) and the Energy Policy Act of 2005 ( 7 U.S.C. 8102(a)(2)(F) ), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B ) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements. (End of provision)