Biobased Product Preference

The biobased product preference is a federal procurement mandate under the Farm Security and Rural Investment Act requiring agencies to purchase USDA-designated biobased products when they meet performance requirements, supporting domestic agricultural economies and reducing petroleum dependence.

What is the Biobased Product Preference?

The Farm Security and Rural Investment Act of 2002 (7 U.S.C. § 8102), as amended by subsequent farm bills, requires federal agencies to give a procurement preference to biobased products designated by USDA's BioPreferred program. A biobased product is a commercial or industrial product (other than food or feed) that consists of biological products, renewable agricultural materials (including plant, animal, and marine materials), or forestry materials.

USDA's BioPreferred program operates through two mechanisms:

• Mandatory purchase preference - for USDA-designated product categories, agencies must purchase biobased products unless they are not reasonably available, do not meet performance requirements, or are available only at an unreasonable price. USDA designates product categories with minimum biobased content requirements (for example, a minimum 25 percent biobased content for cleaning products).
• USDA Certified Biobased Product label - voluntary certification for individual products that meet specified biobased content levels, verified through ASTM D6866 carbon dating testing. Certified products can display the USDA BioPreferred label in federal catalog listings.

FAR 23.401-406 implements the mandatory purchase preference. Contracting officers must include FAR 52.223-2 (Affirmative Procurement of Biobased Products Under Service and Construction Contracts) when the contract involves purchasing biobased products in designated categories.

Covered product categories include lubricants, cleaning products, solvents, paints, adhesives, construction materials, landscaping products, and many industrial chemicals and plastics.

Why Biobased Product Preference matters for government contractors

Service contractors (facilities management, grounds maintenance, janitorial, construction) must purchase biobased products in designated categories for use in federal contract performance. Failure to comply with biobased product requirements is a contract compliance issue. Conversely, companies that manufacture biobased products gain a preference edge in federal procurement for their product categories.

Example

A facilities management contractor operating a federal office campus under a base operations support contract purchases cleaning and maintenance supplies. USDA designates general purpose cleaners and hand soaps as mandatory biobased categories. The contractor sources USDA BioPreferred-labeled general purpose cleaners and hand soaps with the required minimum biobased content and maintains purchase records documenting compliance with FAR 52.223-2 for the contracting officer's review during performance.

Frequently Asked Questions

How does a product become USDA BioPreferred certified?

A product manufacturer applies to USDA's BioPreferred program and submits test results from an ASTM D6866-accredited laboratory confirming the product's biobased content percentage. The product must meet or exceed the minimum biobased content standard for its product category. USDA reviews the application and, if approved, authorizes the manufacturer to display the USDA Certified Biobased Product label.

Are biobased products more expensive than petroleum-based alternatives?

Pricing varies by product category. In some categories, biobased products have reached cost parity with petroleum-based alternatives due to agricultural feedstock advantages and economies of scale. In others, particularly specialty chemicals and advanced bioplastics, biobased versions remain at a premium. The mandatory preference does not require purchase at any price; agencies may decline the preference when the price premium is unreasonable, a determination that requires documentation.

Does the biobased preference apply to construction materials?

Yes. USDA has designated several construction-related product categories including composite panels, structural insulated panels, thermal insulation, and structural lumber alternatives. Construction contractors working on federal facilities must consider biobased alternatives in these categories when specifying materials.

Where can contractors find the current list of designated biobased product categories?

USDA maintains the BioPreferred program catalog and product category database at biopreferred.usda.gov. The catalog includes all designated product categories, minimum biobased content percentages, and individual USDA-certified products within each category. Contractors can search the catalog by product type, application, or NAICS code.