Overview
This section identifies the specific authorities and circumstances under which federal agencies and the Director of National Intelligence can exempt activities, equipment, and procurements from the sustainability requirements of FAR Subpart 23.1.
Key Rules
- Intelligence Exemptions: The Director of National Intelligence can exempt activities to protect intelligence sources and methods.
- National Security and Law Enforcement: Agency heads may exempt activities for national security or to protect undercover operations, provided they notify the Chair of the Council on Environmental Quality (CEQ) in writing within 30 days.
- Tactical and Space Equipment: Agency heads can exempt manned/unmanned vehicles, vessels, aircraft, and non-road equipment used for combat, tactical operations, military relief, or spaceflight.
- Emergency and Disaster Response: Sustainable procurement is encouraged but not mandatory for supplies or services related to cyber/CBRN defense, international disaster assistance, or emergency/major disaster response.
- Presidential Exemptions: Agency heads may request a presidential exemption through the CEQ for any reason not explicitly listed in this section.
Practical Implications
- Contracting officers gain significant flexibility and may prioritize speed and mission-critical specifications over sustainability mandates during emergency response or national security-related acquisitions.
- For tactical and spaceflight programs, sustainability requirements are applied on an individual or class basis at the discretion of the agency head, acknowledging that performance and survival often outweigh environmental criteria in these high-stakes environments.