Federal Acquisition Regulation
Exceptions
FAR 23.105
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 Solicitation provisions and contract clauses (FAR 23.109) (b)) (42 U.S.C. 6962 ) and for alternatives for ozone depleting substances per 23.107-4 (see Solicitation provisions and contract clauses (FAR 23.109) (d)) (42 U.S.C. 7671l ), unless a written justification exists as described at General procedures (FAR 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) ).
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