Attachment No. 2 Bio-Based Products and Certification.docx

Attachment No. 2 Bio-Based Products and Certification Background Congress passed a law to encourage the purchase of biobased products: the Farm Security and Rural Investment Act, Section 9002. Federal agencies must purchase designated biobased products and will establish agency preferential procurement programs for such products. Benefits of biobased products are to: enhance the nation's energy security by substituting domestically produced biobased products for fossil fuel based products derived from imported oil and natural gas; improve demands for biobased products to increase demand for agricultural commodities, which are the feedstock of biobased products; spur the development of value added agricultural processing and manufacturing in rural communities, which would create new jobs and income in rural regions; and establish an healthier environment for users.

Supplies, Materials, and Equipment to be Provided by the Contractor Unless otherwise specified herein, the Contractor shall furnish all supplies, materials, and equipment necessary for the performance of work under this contract. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies, materials, and equipment to be used in the performance of work described herein are subject to the approval of the Contracting Officer.

The Contractor must submit to the Contracting Officer a list of products to be utilized in the performance of its work. The Contractor shall not use any materials, chemicals, or compounds that the Contracting Officer, determines to be unsuitable to perform the required work. The Contractor shall utilize products and material made from biobased materials (e.g., biobased cleaners, biobased degreasers, biobased laundry detergent) to the maximum extent possible. For the biobased content products evaluation, products proposed for use under this contract must conform to the Department of Agriculture (USDA) Designated Biobased Products List (DBPL). If requested in the contract, Contractors shall provide data for their biobased solvents and cleaners to document the level of biobased content. Any biobased product that the Contracting Officer suspects does not meet USDA specifications or standards shall be tested at the Contractor's expense by an independent laboratory qualified to perform such tests. A copy of the laboratory report of findings shall be submitted to the Contracting Officer.

These products shall meet the requirements established by applicable Federal specifications and standards or be considered unacceptable for use.

Biobased Products to Be Provided by the Contractor All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased products. The Contractor shall utilize the greatest number of biobased products available that meet applicable health and environment specifications.

It is desirable that the Contractor be able to supply the greatest number of biobased products listed meeting the health and environmental specifications. Labeling should be printed on all containers.

Also reference the Bio-Preferred Program Product Categories located in the Exhibits.

The offered products must meet the required content levels as stated in the USDA Final Rule for that designated item. Products which do not meet the mandatory specifications or for which the appropriate information has not been submitted will be disqualified from further consideration.

Required Submittals and Reports All quoters shall submit with their initial quote a complete list of products that are to be used in carrying out the requirements of the contract along with an estimated price. Additionally, the winning Contractor shall report all products in accordance with FAR 52.223-2. A copy shall be also submitted to the Contracting Officer. The products list shall be organized into the following categories: Designated Biobased products, Non-designated Biobased products, and all other "Green" products (e.g., recycled content products, energy- and water-efficient products, products using renewable energy, and alternatives to hazardous or toxic chemicals). The Contractor shall list volume to be used and total cost for each individual product in each category. This information will be used for reporting purposes and to determine the reasonableness of cost.

Once USDA designates a biobased item that is part of the existing contract, the Contractor may utilize the remainder of the biobased products that was originally purchased to carry out the requirements of the contract. Once the product has been completely consumed, the Contractor shall replace that product with a product that meets the requirements and specifications of the designated Item. The Contracting Officer shall inform the Contractor when an item has been designated. Additionally, the Contractor will provide supporting documentation if there is an upward cost impact so that contract pricing can be adjusted accordingly. Likewise, the contract will be adjusted downward if so warranted. To the greatest extent feasible, the Contractor shall also use biobased products.

A. Operations Plan: The Plan must be reviewed and updated annually, and as required by the Contracting Officer. The Plan must contain and define the following elements and be submitted within thirty (30) days of contract award:

1. The Contractor's written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices;

2. Proposed biobased cleaning-products that must be selected in accordance with the criteria included in this Solicitation. At a minimum, the Plan must identify products by brand name for each of the above product types;

NOTE: Contractors may propose more than one product within a designated item and/or propose a product or products addressing more than one designated item

3. If for some reason the product is found later to be ineffective, or the Contractor would otherwise like to propose an alternative product, either the Contractor or Contracting Officer may propose for consideration an "equal" product. The Contracting Officer is the final decision-maker for such substitutions and must approve each in writing;

4. Product Use and Cleaning Guides which define standard operating procedures for instructing staff in the following areas: the proper use, storage, and disposal of cleaning products; proper cleaning procedures; proper operation of equipment; and other procedures/instructions to accomplish work under this contract; and

5. The Contractor shall define proper procedures for the storage of hazardous materials in conformance with good housekeeping practices, the National Fire Prevention Association (NFPA) Code, and applicable Federal and municipal regulations. The Plan also must define proper procedures for the identification and disposal of hazardous wastes in accordance with Federal RCRA regulations prior to use with personnel.

6. The Contractor shall provide data on the quantity and dollar value of biobased products used in the contract. This shall be reported in accordance with FAR 52.223-2.

B. Affirmative Procurement Program: The Contractor must implement the requirements of the agency's comprehensive Affirmative Procurement Program for the purchasing of biobased products to the maximum extent possible. The Contractor shall detail how it intends to keep abreast of the development and increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)

(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.

Certification For certification reference clause FAR 52.223-1, Biobased Products Certification, located in this solicitation.