FAR and DFARS › FAR Part 23: Environment, Sustainable Acquisition, and Material Safety › Subpart 23.1
FAR 23.105 Exceptions.
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 lists situations where contractors are excused from the requirement to procure sustainable products and services. It matters because it tells you when the sustainable procurement rules do not apply, such as work performed outside the United States or certain military and space items. Even where an exception applies, some specific compliance obligations may still remain for weapon systems.
Applies to: Contracts and procurements covered by the sustainable products and services requirement
What it requires
- For weapon systems, comply with applicable agency affirmative procurement programs for recovered materials and alternatives for ozone depleting substances, unless a written justification exists
Key terms: sustainable products and services · weapon systems · affirmative procurement programs · recovered materials · ozone depleting substances
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
The following are excepted from the requirement to procure sustainable products and services:
(a) Contracts performed or supplies delivered outside of the United States, unless the agency head determines that such application is in the interest of the United States.
(b) Weapon systems; however, compliance with applicable agency affirmative procurement programs is required for recovered materials per 23.107-1 (see 23.109(b)) (42 U.S.C. 6962) and for alternatives for ozone depleting substances per 23.107-4 (see 23.109(d)) (42 U.S.C. 7671l), unless a written justification exists as described at 23.104(a) (42 U.S.C. 6962(c)(1) and 7 U.S.C. 8102(a)(1)(B)).
(c) Energy-consuming products or systems designed or procured for combat or combat-related missions are not subject to the requirements in 23.107-3 (42 U.S.C. 8259b(a)(5)).
(d) Biobased products to be used in military equipment (products or systems designed or procured for combat or combat-related missions), spacecraft systems, or launch support equipment are not subject to the requirements in 23.107-2 (7 CFR 3201.3(e)).
Sections it refers to
- 23.107-1 Products containing recovered materials.
- 23.109 Solicitation provisions and contract clauses.
- 23.107-4 Products that contain, use, or are manufactured with ozone-depleting substances or products that contain or use high global warming potential hydrofluorocarbons.
- 23.104 General procedures.
- 23.107-3 Energy-consuming products and water-consuming products.
- 23.107-2 Biobased products.
← 23.104 General procedures. · 23.106 Exemptions. →
Rule changes for FAR Part 23
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation: Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk ↗ · proposed 2025-01-13
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-07-30 · effective 2024-08-29
- Federal Acquisition Regulation: Sustainable Procurement ↗ · final rule 2024-04-22 · effective 2024-05-22
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · proposed 2024-01-09 · comments due 2024-03-11
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.