FAR 23.104—General procedures.
Plain-English Summary
FAR 23.104 sets out the general procedures for applying sustainable acquisition requirements in federal contracting. It covers when a contracting officer may treat sustainable products or services as not practicable based on a written justification from the requiring activity, how the solicitation and contract must identify applicable sustainable products and services and any items excluded from those requirements, how agencies must prioritize among competing sustainable purchasing programs, and where to find implementation guidance through the Green Procurement Compilation (GPC). In practice, this section is the administrative backbone for sustainable acquisition: it tells agencies how to document exceptions, how to make the solicitation/contract clear to offerors and contractors, and how to decide which sustainability requirements take precedence when more than one program could apply. It also reinforces that sustainability is not a single rule but a hierarchy of statutory purchasing programs and EPA purchasing programs that must be applied in order. For contracting officers and requiring activities, the section is important because it affects market research, acquisition planning, solicitation drafting, contract file documentation, and post-award administration. For contractors, it matters because it determines what sustainability requirements are actually in scope and what products or services must be offered or delivered.
Key Rules
Written justification may excuse practicability
If the requiring activity provides a written justification explaining the reasons in 23.103(a)(1), the contracting officer may determine that procuring sustainable products or services is not practicable. The justification can apply to a specific product or service, a line item, or the entire contract level, but it must be kept in the contract file.
Solicitations must identify applicable items
The contracting officer must ensure the solicitation and contract identify the sustainable products and services applicable to the acquisition, including the relevant purchasing program and product or service type as identified by the requiring activity. The solicitation and contract must also identify any products or services excluded from the subpart and clause requirements because of a written justification, an exception, or an exemption.
No identification needed for full coverage
If the written justification, exception, or exemption covers the entire contract action, the detailed identification requirement does not apply. In that case, the whole acquisition is outside the sustainable acquisition requirement for purposes of the identification rule.
Statutory purchasing programs come first
Agencies must first procure products and services that satisfy applicable statutory purchasing program requirements under 23.107. If both an EPA-designated item and a USDA biobased product could serve the same purpose, and no single item is both EPA-designated and biobased in a USDA category that meets the agency’s needs, the agency must procure the EPA-designated item.
Multi-attribute sustainable products are next
When consistent with other statutory procurement requirements, agencies must prioritize multi-attribute sustainable products and services—those that satisfy applicable statutory purchasing program requirements and one or more required EPA purchasing programs under 23.108. This means agencies should prefer items that meet more than one sustainability program when those programs apply.
EPA program requirements apply if no statutory program fits
If no statutory purchasing program requirements apply to the acquisition, agencies must procure sustainable products and services that meet the required EPA purchasing program requirements under 23.108. This creates a fallback rule that still requires sustainable acquisition even when no statutory program governs the item.
GPC is the primary reference tool
The Green Procurement Compilation is a key resource for identifying sustainable products and services and related guidance. Agencies should consult the GPC, in addition to the resources listed for each purchasing program, when determining which purchasing programs apply to a specific product or service.
Responsibilities
Requiring Activity
Provide a written justification when it believes sustainable products or services are not practicable, and explain the reasons described in 23.103(a)(1). Identify the sustainable products and services applicable to the acquisition so the contracting officer can include them in the solicitation and contract.
Contracting Officer
Evaluate any written justification and determine whether it supports a finding that sustainable procurement is not practicable. Ensure the solicitation and contract identify applicable sustainable products and services, identify excluded products or services when required, and maintain the written justification in the contract file.
Agency
Apply the required prioritization order for sustainable products and services across acquisitions, including statutory purchasing programs first, then multi-attribute sustainable products and services, and then EPA purchasing program requirements when no statutory program applies. Use the Green Procurement Compilation and related program resources to determine applicable requirements.
Contractor
Review the solicitation and contract to understand which sustainable products and services are required and which items are excluded. Provide products and services that comply with the identified sustainability requirements and any applicable purchasing program clauses.
Practical Implications
This section makes sustainability a documentation and drafting issue, not just a policy preference. If the justification, exception, or exemption is not clearly reflected in the file and in the solicitation/contract, the acquisition can become unclear or noncompliant.
Contracting officers should not assume a general sustainability exemption applies automatically. They need to verify whether the justification covers a specific item, a line item, or the whole contract action, because that affects whether identification language is required.
The prioritization rule matters when multiple green programs could apply to the same item. Agencies must know whether a statutory purchasing program controls, whether a multi-attribute product is available, and whether EPA-designated requirements are the fallback.
A common pitfall is failing to use the Green Procurement Compilation during acquisition planning. That can lead to missed applicable programs, incorrect product descriptions, or inconsistent solicitation clauses.
For contractors, the practical risk is bidding or performing against the wrong assumption about sustainability requirements. The solicitation and contract should be checked carefully to see exactly which products or services are in scope and whether any exclusions were formally documented.
Official Regulatory Text
(a) Maximum extent practicable. If the requiring activity submits a written justification addressing the reasons described in 23.103 (a)(1), the contracting officer may consider it not practicable to procure sustainable products or services. A written justification may be for a specific product or service or at the line item or contract level. The contracting officer shall maintain the written justification in the contract file. (b) Identification. (1) Except as provided in paragraph (b)(2) of this section, the contracting officer shall ensure the solicitation and contract identifies— (i) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to the acquisition, as identified by the requiring activity; and (ii) Any products and services that are not subject to the requirements of this subpart and the clause at 52.223-23 , Sustainable Products and Services, based on the written justification under paragraph (a) of this section, an exception at 23.105 , or an exemption at 23.106 . (2) The requirement in paragraph (b)(1) of this section does not apply if the justification, exception, or exemption covers the entirety of the contract action requirements. (c) Prioritization. Agencies shall prioritize sustainable products and services as follows: (1) Procure products and services that meet applicable statutory purchasing program requirements (see 23.107 ). When both an EPA-designated item (see 23.107-1 ) and a biobased product in a USDA-designated product category (see 23.107-2 ) could be used for the same purposes, and there is not an EPA-designated item that is also a biobased product in a USDA-designated product category that meets the agency's needs, procure the EPA-designated item. (2) Consistent with other statutory procurement requirements, prioritize multi-attribute sustainable products and services, which are those that meet applicable statutory purchasing program requirements (see 23.107 ) and one or more required EPA purchasing programs (see 23.108 ). (3) If no statutory purchasing program requirements apply, procure sustainable products and services that meet required EPA purchasing program requirements (see 23.108 ). (d) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and other related sustainable acquisition guidance. In addition to the resources identified for each purchasing program listed in 23.107 and 23.108 , agencies should consult the GPC when determining which purchasing programs apply to a specific product or service.