FAR 23.105—Exceptions.
Plain-English Summary
FAR 23.105 identifies the main exceptions to the federal requirement to procure sustainable products and services. It explains when the sustainable acquisition rules do not apply to contracts performed or supplies delivered outside the United States, weapon systems, combat or combat-related energy-consuming products or systems, and certain biobased products used in military equipment, spacecraft systems, or launch support equipment. The section also makes clear that some exceptions are not absolute: even when a weapon system is otherwise excepted, agencies still must follow applicable affirmative procurement requirements for recovered materials and ozone-depleting substance alternatives unless a proper written justification is in place. In practice, this section tells contracting officers and program offices when sustainable acquisition mandates can be set aside because of mission, operational, or geographic limits, and when they still must be applied despite the broader exception. It is important because it prevents overapplication of sustainability requirements where they would conflict with mission needs, while preserving specific statutory procurement preferences that still apply in limited contexts.
Key Rules
Outside the United States
Contracts performed or supplies delivered outside the United States are excepted from the sustainable products and services requirement. The agency head may override this exception if applying the requirement is determined to be in the interest of the United States.
Weapon systems exception
Weapon systems are generally excepted from the requirement to procure sustainable products and services. However, this exception does not eliminate all related environmental procurement duties, because certain affirmative procurement requirements still apply for recovered materials and ozone-depleting substance alternatives unless a written justification is properly prepared.
Recovered materials still apply
Even for weapon systems, agencies must comply with applicable affirmative procurement programs for recovered materials under the cited statutory and FAR provisions. A written justification under FAR 23.104(a) may be needed where the law allows an exception.
Ozone-depleting substance alternatives still apply
Weapon systems remain subject to applicable affirmative procurement requirements for alternatives to ozone-depleting substances. As with recovered materials, the exception is limited and does not automatically waive these specific requirements.
Combat-related energy products excluded
Energy-consuming products or systems designed or procured for combat or combat-related missions are not subject to FAR 23.107-3. This removes those items from the specific energy-efficiency requirement addressed in that section.
Biobased products for military and space uses excluded
Biobased products used in military equipment, spacecraft systems, or launch support equipment are not subject to FAR 23.107-2. This exception recognizes that these specialized uses may not be compatible with the normal biobased procurement preference.
Responsibilities
Contracting Officer
Determine whether a procurement falls within one of the listed exceptions before applying sustainable acquisition requirements. Where the agency head has authorized application outside the United States, or where a written justification is required, ensure the file supports the decision and that any remaining affirmative procurement obligations are still addressed.
Program/Requirements Personnel
Identify whether the requirement involves a weapon system, combat or combat-related mission item, spacecraft system, launch support equipment, or an overseas performance/delivery location. Provide accurate mission and technical information so the contracting officer can apply the correct exception and avoid imposing incompatible sustainability requirements.
Agency Head
Decide whether the sustainable acquisition requirements should apply to contracts performed or supplies delivered outside the United States when doing so is in the interest of the United States.
Contractor
Understand that exceptions may remove certain sustainable acquisition requirements, but not necessarily all related obligations. When applicable, comply with any remaining recovered materials or ozone-depleting substance requirements and provide information needed to support any required justification or product identification.
Practical Implications
Do not assume that a broad sustainability exception wipes out every related requirement; weapon systems still carry specific obligations for recovered materials and ozone-depleting substance alternatives unless properly justified otherwise.
Overseas performance or delivery is a common trigger for this section, but the exception can be overridden by the agency head, so contracting files should document the decision clearly.
Mission classification matters: whether an item is for combat, combat-related missions, military equipment, spacecraft systems, or launch support equipment can determine whether the biobased or energy-efficiency rules apply.
A frequent pitfall is treating a system-level exception as a blanket exemption for all components and subitems; the contracting team should check the exact FAR subsection and any statutory carve-outs.
When an exception depends on a written justification, the justification should be prepared before award and retained in the contract file to support auditability and compliance.
Official Regulatory 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) ).