FAR and DFARS › DFARS Part 223: Environment, Sustainable Acquisition, and Material Safety › Subpart 223.71
DFARS 223.7103 Procedures.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section prohibits storing, treating, or disposing of toxic or hazardous materials not owned by DoD on a DoD installation, unless an exception in 223.7104(a) is met or the Secretary of Defense authorizes it under 223.7104(b). When such activity is authorized, the contract must specify the types and quantities of materials involved and the conditions under which the activity is allowed.
Applies to: DoD contractors and contracting officers involved with toxic or hazardous materials on DoD installations
What it requires
- Do not store, treat, or dispose of toxic or hazardous materials not owned by DoD on a DoD installation unless an exception in 223.7104(a) is met or Secretary of Defense authorization is obtained under 223.7104(b)
- Ensure the contract specifies the types and quantities of toxic or hazardous materials that may be temporarily stored, treated, or disposed of in connection with the contract or as a result of authorized use of a DoD facility or space launch facility
- Ensure solicitations and contracts specify the conditions under which storage, treatment, or disposal is authorized
Key terms: toxic or hazardous materials · DoD installation · storage · treatment · disposal
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a)(1) Storage, treatment, or disposal of toxic or hazardous materials not owned by DoD on a DoD installation is prohibited unless—
(i) One or more of the exceptions set forth in 223.7104(a) is met including requisite approvals; or
(ii) Secretary of Defense authorization is obtained under the conditions set forth in 223.7104(b).
(2) When storage, treatment, or disposal of toxic or hazardous materials not owned by DoD is authorized in accordance with this subpart, the contract shall specify the types and quantities of toxic or hazardous materials that may be temporarily stored, treated, or disposed of in connection with the contract or as a result of the authorized use of a DoD facility or space launch facility. All solicitations and contracts shall specify the conditions under which storage, treatment, or disposal is authorized.
(b) If the contracting officer is uncertain as to whether particular activities are prohibited or fall under one of the exceptions in 223.7104, the contracting officer should seek advice from the cognizant office of counsel.
Sections it refers to
- 223.7104 Exceptions.
← 223.7102 Policy. · 223.7104 Exceptions. →
Rule changes for DFARS Part 223
- Defense Federal Acquisition Regulation Supplement: Disclosure of Greenhouse Gas Emissions (DFARS Case 2024-D021) ↗ · final rule 2026-05-07 · effective 2026-05-07
- Defense Federal Acquisition Regulation Supplement: Sustainable Procurement (DFARS Case 2024-D024) ↗ · final rule 2024-08-15 · effective 2024-08-15
- Defense Federal Acquisition Regulation Supplement: Replacement of Fluorinated Aqueous Film-Forming Foam (DFARS Case 2020-D011) ↗ · final rule 2024-03-26 · effective 2024-03-26
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.