FAR 23.105 Exceptions
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 23.105
- Type
- Section
- Last amended
- 89 FR 30212 Effective May 22, 2024
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.
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)).
Federal Register history
| Final rule | Published | Effective |
|---|---|---|
| Federal Acquisition Regulation: Sustainable Procurement | ||
| Federal Acquisition Regulation; Sustainable Acquisition |
Sections cited
- FAR 23.107-1 Products containing recovered materials
- FAR 23.109(b) Solicitation provisions and contract clauses
- FAR 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
- FAR 23.104(a) General procedures
- FAR 23.107-3 Energy-consuming products and water-consuming products
- FAR 23.107-2 Biobased products
Quick answers
What is FAR 23.105?
FAR 23.105 is a section of the Federal Acquisition Regulation, titled "Exceptions".
When was FAR 23.105 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Sustainable Procurement" (89 FR 30212), published Apr 22, 2024 and effective May 22, 2024.
Are changes to FAR 23.105 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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