BioPreferred Procurement: The Complete Federal Buyer's Guide

What the Mandate Actually Requires

The BioPreferred Program operates under two tracks. The mandatory federal purchasing program (Section 9002) requires all federal agencies and their contractors to purchase biobased products in USDA-designated categories. The voluntary labeling program (USDA Certified Biobased Product label) helps consumers identify products that meet biobased content thresholds.

For contracting officers, only the mandatory track matters. When a procurement involves a product in one of the 139 designated categories, the CO must:

• Include FAR clause 52.223-1 (Biobased Product Certification) in the solicitation
• Include FAR clause 52.223-2 (Affirmative Procurement of Biobased Products) in the contract
• Give preference to offers that include biobased products meeting USDA thresholds
• Document the rationale if a non-biobased product is selected

The Three Statutory Exceptions

The mandate includes three narrow exceptions. A CO may select a non-biobased product only when:

• Unreasonable cost: The biobased product costs significantly more than conventional alternatives, and the price difference cannot be justified by lifecycle or environmental benefits
• Inadequate performance: The biobased product does not meet the technical requirements of the specific application, documented by testing or specification review
• Unavailability: No biobased product exists in the required quantity, delivery timeline, or geographic area

Each exception requires documentation in the contract file. A bare assertion that biobased products are too expensive is insufficient. The CO must show a specific price comparison for the specific requirement.

How to Identify Covered Categories

The USDA maintains a searchable catalog of designated categories at biopreferred.gov. Common categories that federal facilities encounter include:

• General purpose cleaners and degreasers
• Floor strippers and finishers
• Laundry products
• Hand cleaners and sanitizers
• Lubricants (chain, cable, gear, and general purpose)
• Adhesive and mastic removers
• Dust suppressants
• Metalworking fluids