Overview
FAR 23.105 identifies specific scenarios and categories of equipment—primarily involving international performance, weapon systems, and combat-related missions—that are exempt from the general requirement to procure sustainable products and services.
Key Rules
- Geographic Limitation: Requirements do not apply to contracts performed or supplies delivered outside the United States, unless the agency head determines such application is in the national interest.
- Weapon Systems: While generally excepted, weapon systems must still comply with requirements for recovered materials (recycling) and ozone-depleting substance alternatives unless a specific written justification is provided.
- Combat Energy Exemptions: Energy-consuming products or systems designed specifically for combat or combat-related missions are exempt from standard energy-efficiency procurement requirements.
- Biobased Exemption for Specialized Equipment: The requirement to use biobased products does not apply to military equipment intended for combat, spacecraft systems, or launch support equipment.
Practical Implications
- Mission Prioritization: This section ensures that sustainability mandates do not compromise national security or the technical performance of mission-critical defense and aerospace hardware.
- Compliance Nuance: Contracting officers must remain vigilant that "exempt" does not always mean "fully excused"; for example, weapon systems programs may still need to document compliance with recovered material standards or provide written justifications to bypass them.