FAR 52.223-2—Reporting of Biobased Products Under Service and Construction Contracts.
Plain-English Summary
FAR 52.223-2 requires contractors performing service and construction contracts to report their purchases of biobased products in USDA-designated product categories. The clause defines the key terms "biobased product" and "USDA-designated product category," tying the reporting obligation to USDA’s procurement guidelines and purchasing recommendations under the BioPreferred program. It requires the contractor to report the product types and dollar value of covered biobased products purchased during the prior Government fiscal year (October 1 through September 30) through SAM.gov, with a copy to the Contracting Officer. The report is due annually by October 31 during contract performance and again at contract completion. In practice, the clause is a data-collection and market-tracking requirement that helps the Government measure biobased purchasing and support federal sustainability and preference goals. Contractors need to identify covered purchases accurately, while contracting officers need to ensure the clause is included when prescribed and that reporting is received on time.
Key Rules
Defined biobased products
The clause applies only to products USDA has determined are biobased products, meaning commercial or industrial products other than food or feed that are composed in whole or in significant part of biological products, including renewable domestic agricultural and forestry materials, or are intermediate ingredients or feedstocks. The definition also expressly includes qualifying forest products, regardless of market share, product age, or whether the market is new or emerging.
USDA-designated categories only
Reporting is limited to biobased products that fall within USDA-designated product categories. A category must be listed in USDA’s procurement guidelines and have USDA purchasing recommendations available on the BioPreferred website.
Annual reporting of purchases
The contractor must report the product types and dollar value of covered biobased products purchased during the previous Government fiscal year, which runs from October 1 through September 30. The report is based on the contractor’s purchases, not the Government’s purchases under the contract.
Submit through SAM.gov
The report must be submitted to SAM.gov, and a copy must be provided to the Contracting Officer. This creates both a centralized reporting record and direct notice to the Government representative administering the contract.
Due by October 31
During contract performance, the report is due no later than October 31 each year. This deadline follows the close of the Government fiscal year and applies annually for as long as the contract is being performed.
Final report at completion
The contractor must also submit a report at the end of contract performance. This final submission captures any covered purchases made after the last annual report and before contract closeout.
Responsibilities
Contractor
Identify biobased products purchased during the prior Government fiscal year that fall within USDA-designated product categories; determine the product types and dollar value of those purchases; submit the report to SAM.gov; provide a copy to the Contracting Officer; file the report by October 31 each year during performance; and submit a final report at contract completion.
Contracting Officer
Include the clause when prescribed by FAR 23.109(c)(2); monitor receipt of the contractor’s reports; and use the reported information for contract administration and compliance tracking.
USDA
Maintain the procurement guidelines and purchasing recommendations that establish which product categories are USDA-designated and therefore reportable under the clause.
Agency/Contract Administration Staff
Track whether the clause applies to the contract, remind contractors of reporting deadlines if needed, and retain or review the contractor’s submissions as part of contract records and sustainability reporting.
Practical Implications
Contractors should set up a tracking process early to capture biobased purchases by product type and dollar value throughout the year; waiting until October often leads to incomplete or inaccurate reporting.
The biggest compliance risk is misclassifying products—only items in USDA-designated categories count, so contractors should verify both the product and the category before reporting.
Because the report goes to SAM.gov and the Contracting Officer, contractors should make sure the submission is complete and that the CO receives the copy; missing either step can create a compliance issue.
The annual deadline is tied to the Government fiscal year, not the contractor’s fiscal year, so companies with different accounting cycles need to reconcile their records carefully.
At contract closeout, contractors should not assume the annual report is enough; a final report is required if any covered purchases occurred after the last annual submission.
Official Regulatory Text
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. (End of clause)