Patriot BioSolutions1What Is FAR 23.404?
Federal Acquisition Regulation (FAR) 23.404 implements Section 9002 of the Farm Security and Rural Investment Act, commonly known as the BioPreferred program. It requires federal agencies to give purchasing preference to biobased products in categories designated by the USDA.
This mandate applies to all federal agencies, their contractors, and subcontractors when purchasing products in designated categories using federal funds. The regulation covers both direct federal purchases and products acquired through government contracts.
2Who Must Comply?
FAR 23.404 applies to three groups:
- Federal procurement officers making direct purchases for agencies
- Prime contractors fulfilling federal contracts that include designated product categories
- Subcontractors providing products that fall within USDA-designated categories
3The 139 Mandatory Product Categories
The USDA has designated 139 product categories as mandatory for federal biobased purchasing. These span cleaning products, lubricants, adhesives, paints, textiles, and many other product types used in federal facilities and operations.
Each category has a minimum biobased content threshold that products must meet. For example:
- General purpose cleaners — 34% minimum
- Hand cleaners — 64% minimum
- Bathroom cleaners — 74% minimum
- Penetrating lubricants — 67% minimum
- Concrete release agents — 82% minimum
4Exemptions and Justifications
FAR 23.404 recognizes four exemptions where agencies may purchase non-biobased alternatives:
- Availability — Biobased products are not available within a reasonable timeframe
- Performance — Biobased products do not meet the agency's functional requirements
- Price — Biobased products are not available at a reasonable price
- Unreasonable substitute — The procuring agency determines the product is not a reasonable substitute
5Documentation Requirements for Audit
Compliance with FAR 23.404 requires maintaining records that demonstrate preference was given to biobased products. Key documentation includes:
- Product specifications showing biobased content percentages
- USDA BioPreferred certification status for each product
- Market research documenting product availability
- Price comparison analysis when exemptions are claimed
- USDA FP category designation for each applicable product
- Manufacturer biobased content certifications (ASTM D6866 preferred)
Procurement officers should maintain a compliance file for each acquisition that includes designated category products. This file should contain the product's USDA FP category designation, biobased content percentage from the manufacturer, and any relevant test reports or certifications.
6How Patriot BioSolutions Simplifies Compliance
Patriot BioSolutions is a SDVOSB-certified distributor specializing in BioPreferred products across all 139 USDA-designated categories. Every order includes audit-ready compliance documentation that links products to their USDA BioPreferred category designations.
Our compliance packets include:
- Manufacturer biobased content certifications with specific percentages
- USDA category mapping linking each product to its designated category
- Evidence chain documentation for audit readiness
- TAA/BAA compliance documentation when applicable