USA000392-25-DPCAP.pdf

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON, DC 20301-3000

ACQUISITION

AND SUSTAINMENT

In reply refer to DARS Tracking Number: 2025-O0004

MEMORANDUM FOR COMMANDER, UNITED STATES CYBER

COMMAND (ATTN: ACQUISITION EXECUTIVE)

COMMANDER, UNITED STATES SPECIAL OPERATIONS

COMMAND (ATTN: ACQUISITION EXECUTIVE)

COMMANDER, UNITED STATES TRANSPORTATION

COMMAND (ATTN: ACQUISITION EXECUTIVE)

DEPUTY ASSISTANT SECRETARY OF THE ARMY

(PROCUREMENT)

DEPUTY ASSISTANT SECRETARY OF THE NAVY

(PROCUREMENT)

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE

(CONTRACTING)

DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS

SUBJECT: Class Deviation—Revocation of Executive Order on Sustainability

Effective immediately, contracting officers shall—

(1) For new solicitations and contracts—

(a) Not use the following solicitation provision and contract clause:

(i) 52.223-19, Compliance with Environmental Management Systems.

(ii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation.

(b) Use the following contract clauses (see Attachment 1):

(i) 52.223-10, Waste Reduction Program (DEVIATION 2025-O0004), in lieu of the clause at FAR 52.223-10.

(ii) 52.223-23, Sustainable Products and Services (DEVIATION 2025-O0004) in lieu of the clause at FAR 52.223-23.

(c) Use the paragraphs in the solicitation provisions and contract clauses in Attachment 2 in lieu of those paragraphs in the following provisions and clauses in FAR part 52:

(i) 52.204-8, Annual Representations and Certifications.

(ii) 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

(iii) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

Class Deviation 2024-O0004 Revocation of Executive Order on Sustainability

(iv) 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

(2) Amend open solicitations and modify existing contracts, as applicable, to—

(a) Remove the solicitation provision and contract clause in paragraph (1)(a) of this class deviation;

(b) Use the contract clauses in paragraph (1)(b) of this class deviation in lieu of the provision and clause in FAR part 52; and

(c) Use the paragraphs in the solicitation provisions and contract clauses in paragraph (1)(c) of this class deviation in lieu of those paragraphs in FAR part 52.

(3) Consider whether to modify contract actions nearing the end of the period of performance (i.e., six months or less remaining) and without options to extend.

Contracting officers shall not consider or use the representations in the System for Award Management (SAM) for the provision at FAR 52.223-22 and paragraph (t) of FAR 52.212-3. Until it is updated, SAM may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Additionally, contracting officers are generally prohibited from requiring offerors, as a condition of being awarded a contract, to disclose a greenhouse gas inventory or any other report on greenhouse gas emissions. See Class Deviation 2024-O0009, Prohibition on Required Disclosure of Information Relating to Greenhouse Gas Emissions.

This class deviation implements section 2(rr) of Executive Order 14148, Initial Rescissions of

Harmful Executive Orders and Actions, of January 20, 2025 (see 90 FR 8237), which revoked Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, of December 8, 2021.

This class deviation remains in effect until incorporated into the FAR or until otherwise rescinded. Direct questions to DPCAP/DARS at osd.dfars@mail.mil.

John M. Tenaglia Principal Director, Defense Pricing, Contracting, and Acquisition Policy

Attachments:

As stated

Attachment 1 Class Deviation 2025-O0004

Revocation of Executive Order on Sustainable Procurement Changes are indicated by a change bar in the right-hand margin.

52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004) As prescribed in 23.406(c), insert the following clause:

WASTE REDUCTION PROGRAM (MAR 2025) (DEVIATION 2025-O0004)

(a) Definitions. As used in this clause—

Recycling means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.

Waste prevention means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247).

(End of clause)

52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) As prescribed in 23.109(a), insert the following clause:

SUSTAINABLE PRODUCTS AND SERVICES (MAR 2025) (DEVIATION 2025-O0004)

(a) Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock.

The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2).

Revocation of Executive Order on Sustainable Procurement Changes are indicated by a change bar in the right-hand margin.

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).

Sustainable products and services means:

(1) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s=mega).

(3) Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) (https://www.biopreferred.gov).

(4) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C.

7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).

(b) Requirements.

(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2) The Contractor shall ensure that the sustainable products and services required by this contract are—

(i) Delivered to the Government;

(ii) Furnished for use by the Government;

(iii) Incorporated into the construction of a public building or public work; and

(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

https://www.epa.gov/snap

(3) [Reserved]

(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which statutory purchasing programs apply to a specific product or service.

(End of clause)

Attachment 2

52.204-8 Annual Representations and Certifications.

Substitute the following paragraph (c)(1)(xix) for that paragraph in the provision at Federal Acquisition Regulation (FAR) 52.204-8:

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2025) (DEVIATION 2025-

O0004)

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(xix) [Reserved]

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

Substitute the following paragraph (t) for that paragraph in the provision at FAR 52.212-3:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAR 2025) (DEVIATION 2025-O0004)

(t) [Reserved]

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

Substitute the following paragraph (b)(46) for that paragraph in the clause at FAR 52.212-5:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2025) (DEVIATION 2025-O0004)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

Attachment 2

__(46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025- O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Substitute the following paragraph (b)(1)(xvii) for that paragraph in the clause at FAR 52.213-4:

TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (MAR 2025) (DEVIATION

2025-O0004)

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(xvii) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).