23.105
Exceptions
FAR 23.105 provides targeted exceptions to sustainable procurement requirements, but contractors must still check for related obligations and required justifications.
Overview
FAR 23.105 outlines specific exceptions to the requirement for procuring sustainable products and services in federal contracts. This section clarifies when agencies and contractors are not obligated to follow sustainability mandates, such as for contracts performed outside the U.S., weapon systems, certain energy-consuming products for combat, and biobased products used in military or space applications. However, even within these exceptions, there are cross-references to other sustainability requirements that may still apply, such as affirmative procurement programs for recovered materials and alternatives to ozone-depleting substances, unless a written justification is provided.
Key Rules
- Overseas Contracts
- Contracts performed or supplies delivered outside the U.S. are generally exempt unless the agency head determines otherwise.
- Weapon Systems
- Weapon systems are exempt, but must still comply with certain procurement programs for recovered materials and ozone-depleting substance alternatives unless justified in writing.
- Combat-Related Energy Products
- Energy-consuming products or systems for combat or combat-related missions are not subject to certain sustainable procurement requirements.
- Biobased Products for Military/Space Use
- Biobased products for military equipment, spacecraft, or launch support are exempt from specific biobased procurement requirements.
Responsibilities
- Contracting Officers: Must identify when exceptions apply and ensure compliance with any remaining applicable sustainability requirements or justifications.
- Contractors: Should be aware of exceptions and maintain documentation for any applicable justifications or alternative requirements.
- Agencies: Agency heads may determine applicability for overseas contracts and must ensure oversight of justifications and compliance with referenced programs.
Practical Implications
- This section helps agencies and contractors avoid unnecessary compliance burdens in specific scenarios, such as overseas or military operations.
- It is crucial to cross-reference related sustainability requirements, as some obligations may still apply even when an exception is granted.
- Common pitfalls include overlooking required justifications or failing to comply with referenced procurement programs within the exceptions.