samsearch
    Platform
    01InfluenceShape the requirement before it's on your competitor's radar.
    Signal
    Recompete window opens in 42 days
    Facilities maintenance IDIQ$8.4M
    Forecast
    Agency spend up 18% next FY
    DoD facilitiesQ3 window
    02CaptureFind and qualify the work across every market.
    Federal91%
    Network engineering support — GSA MAS
    GSA541512
    SLED88%
    Custodial services — Fairfax County Public Schools
    K-12561720
    DIBBS79%
    Aircraft hydraulic fitting — DLA Aviation
    DLANSN 5330
    03AnalyzeExtract requirements and build the compliance matrix.
    Compliance matrix
    L.2.1Technical approachVol I
    L.3.4Staffing planVol I
    M.1Past performanceEvaluated
    SOW breakdown
    Requirements extracted38
    Mapped to Section L/M38
    Every extractionCited
    Ask Sammy
    “Do we meet the small business set-aside?”
    04ManageRun the pursuit through to award.
    Pipeline
    QualifyFacilities support · USACE
    CaptureComms upgrade · DLA
    ProposalShipyard dredging · NAVSEA
    PriyaAlex
    This week
    Submit past performance refsThu
    Confirm subK teamingFri
    Upload SF 33Mon
    05RespondDraft and submit your response.
    Drafting · Volume I
    247 words
    RFI response
    CompanyAcme Robotics LLC
    UEIJK4M8…
    Capability narrativeDrafted
    06FinanceGet paid faster on what you win.
    Capital available
    $2.4M against your award
    Facilities maintenance IDIQAwarded
    Partner matched
    LenderFederal Capital Partners
    Draw available$2.4M
    UnderwritingCleared
    The platform
    Influence
    Capture
    Analyze
    Manage
    Respond
    Finance
    One pipeline, six stages, start to award.
    See the whole platform
    Solutions
    By industry
    Tech & softwareSoftware and SaaS companies entering GovCon.Defense contractorsPrimes and subs in the defense industrial base.ConstructionBuilders bidding federal, state, and local work.CybersecuritySecurity vendors pursuing federal mandates.
    By team
    Capture managers & BDPipeline, qualification, and win strategy.Proposal teamsCompliance matrices and proposal drafting.Subcontractors & primesTeaming, subcontracting, and partner fit.
    By company size
    Small businessesSet-aside and small business contractors.EnterpriseLarge contractors running multiple pursuits.ConsultantsAdvisors and capture consultants.
    Browse all industries
    CustomersPricing
    ResourcesNew
    Learn
    AcademyCourses, guides, and playbooks.WebinarsLive sessions and recordings.DocsProduct documentation and setup guides.Implementation planOperational rollout guidance.
    Tools & data
    Free GovCon toolsCalculators, lookups, and more.Gov ExploreContracts, agencies, and NAICS codes.GovCon eventsConferences, training, and set-aside events.
    Latest blogIntroducing the New SamSearch: The Operating System for Government ContractingSamSearch has a new brand, a new site, and a new way of explaining what the platform actually does — the operating system for government contracting, organized around six stages instead of a single search box. Here's what changed and why.Read the post →
    All resources and tools
    Sign inRequest a demo
    Home/FAR Navigator/23/23.1/23.106

    FAR Navigator

    • 1Federal Acquisition Regulations System
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
    • 22Application of Labor Laws to Government Acquisitions
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
      • 23.000Scope.
      • 23.1Subpart 23.1
        • 23.100Scope of subpart.
        • 23.101Definitions.
        • 23.102Authorities.
        • 23.103Policy.
        • 23.104General procedures.
        • 23.105Exceptions.
        • 23.106Exemptions.
        • 23.107Statutory purchasing programs.
        • 23.108Required Environmental Protection Agency purchasing programs.
        • 23.109Solicitation provisions and contract clauses.
      • 23.001Definitions.
      • 23.2Subpart 23.2
      • 23.002Policy.
      • 23.3Subpart 23.3
      • 23.4Subpart 23.4
      • 23.5Subpart 23.5
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 23.1
    SectionUpdated April 16, 2026

    FAR 23.106—Exemptions.

    Plain-English Summary

    FAR 23.106 explains when the sustainability requirements in FAR Part 23 can be exempted, and who has authority to grant those exemptions. It covers four main topics: the Director of National Intelligence’s authority to exempt intelligence activities and related resources; an agency head’s authority to exempt particular agency activities for national security, intelligence protection, or undercover law enforcement needs; an agency head’s authority to exempt certain vehicles, vessels, aircraft, non-road equipment, and spaceflight vehicles used for combat, tactical, relief, or training missions; and the ability of an agency head to request a broader exemption from the President through the Chair of the Council on Environmental Quality (CEQ). It also includes a special rule that contracting officers are encouraged, but not required, to buy sustainable products and services when the agency head determines the supplies or services will support defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack, international disaster assistance, or emergency/major disaster response. In practice, this section matters because it tells contracting personnel when sustainability preferences and requirements may be set aside for mission, security, or emergency reasons, and it establishes the approval and notification steps that must be followed when an exemption is used.

    Key Rules

    Intelligence activity exemption

    The Director of National Intelligence may exempt an intelligence activity of the United States, along with related personnel, resources, and facilities, when necessary to protect intelligence sources and methods from unauthorized disclosure. This is a targeted authority tied to intelligence protection, not a general waiver for all procurement rules.

    Agency activity exemptions

    The head of an agency may exempt particular agency activities and related personnel, resources, and facilities when needed for national security, to protect intelligence sources and methods, or to protect undercover law enforcement operations from unauthorized disclosure. If this exemption is issued under paragraph (b)(1), the agency must notify the Chair of CEQ in writing within 30 days.

    Mission vehicle and equipment exemptions

    The head of an agency may exempt, on an individual or class basis, manned and unmanned vehicles, vessels, aircraft, non-road equipment, and spaceflight vehicles, including associated ground-support equipment, when they are used in combat support, combat service support, military tactical or relief operations, or training for those operations. This recognizes that mission-critical equipment may need to be treated differently from ordinary commercial items.

    Encouraged but not required purchases

    Contracting officers are encouraged, but not required, to procure sustainable products and services when the agency head determines the supplies or services will be used for defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate international disaster assistance; or to support response to an emergency or major disaster. This is a discretionary preference, not a mandatory green procurement rule, in these mission contexts.

    Broader presidential exemption request

    The head of an agency may submit a request to the President, through the Chair of CEQ, for an exemption of an agency activity and related personnel, resources, and facilities from this subpart for any reason not otherwise covered in the section. This provides a path for exceptional circumstances that do not fit the specific exemptions already listed.

    Responsibilities

    Director of National Intelligence

    Determine when an intelligence activity of the United States, and related personnel, resources, and facilities, should be exempted to protect intelligence sources and methods from unauthorized disclosure.

    Head of Agency

    Decide whether to exempt particular agency activities for national security, intelligence protection, or undercover law enforcement needs; decide whether to exempt covered vehicles, vessels, aircraft, non-road equipment, and spaceflight vehicles used for specified mission purposes; and, when appropriate, submit a broader exemption request to the President through the Chair of CEQ.

    Agency

    If an exemption is issued under paragraph (b)(1), provide written notice to the Chair of CEQ within 30 days of issuance.

    Contracting Officer

    Consider sustainable products and services when appropriate, but recognize that in the specified defense, disaster assistance, and emergency response situations, procurement of sustainable products and services is encouraged rather than mandatory.

    Chair of the Council on Environmental Quality (CEQ)

    Receive written notice of agency exemptions under paragraph (b)(1) and serve as the channel through which broader exemption requests are submitted to the President.

    President

    Consider agency requests, submitted through the Chair of CEQ, for exemptions from this subpart that are not otherwise addressed in FAR 23.106.

    Practical Implications

    1

    Contracting officers should verify whether an exemption has actually been approved before treating sustainability requirements as inapplicable; the authority is limited and not automatic.

    2

    The 30-day CEQ notification requirement for agency activity exemptions is an administrative step that can be missed, so agencies need a process to track issuance dates and reporting deadlines.

    3

    The vehicle/equipment exemption is broad in scope but narrow in purpose: it applies to specific mission uses, not to all agency fleets or all equipment purchases.

    4

    The “encouraged, but not required” language means contracting officers may still buy sustainable products and services in emergency or defense-related situations, but they are not compelled to do so if mission needs point elsewhere.

    5

    When a situation does not fit the listed exemptions, agencies should not improvise; the proper path is a formal request to the President through CEQ for a broader exemption.

    Official Regulatory Text

    (a) The Director of National Intelligence may exempt an intelligence activity of the United States and related personnel, resources, and facilities to the extent the Director determines necessary to protect intelligence sources and methods from unauthorized disclosure. (b) The head of an agency may exempt the following: (1) Particular agency activities and related personnel, resources, and facilities when it is in the interest of national security, to protect intelligence sources and methods from unauthorized disclosure, or where necessary to protect undercover law enforcement operations from unauthorized disclosure. The agency shall notify the Chair of the Council on Environmental Quality (CEQ) in writing within 30 days of issuance of the exemption under this paragraph (b)(1). (2) On an individual or class basis, any manned and unmanned vehicle, vessel, aircraft, or non-road equipment that is used in combat support, combat service support, military tactical or relief operations, or training for such operations or spaceflight vehicles, including associated ground-support equipment. (c) Contracting officers are encouraged, but not required, to procure sustainable products and services if the head of the agency determines the supplies or services are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster. (d) The head of the agency may submit to the President, through the Chair of CEQ, a request for an exemption of an agency activity, and related personnel, resources, and facilities from this subpart for any reason not otherwise addressed in this section.

    Back to 23.1FAR Navigator
    samsearch

    The Complete AI Platform for Government Contracting

    Platform
    • Product
    • Pricing
    • ROI calculator
    • Integrations
    • Changelog
    Solutions
    • Solutions
    • Customers
    • Comparisons
    • Market watch
    Resources
    • Blog
    • Free GovCon tools
    • Glossary
    • Docs
    Company
    • API & partnerships
    • Careers
    • Support
    • Compliance
    • Trust centre
    • Contact
    Recognised & verified
    SOC 2 Type II Compliant, SamSearchAWS Partner - Advanced, SamSearch on AWS MarketplaceGartner Peer Insights Customer First, SamSearch
    Ask AI about samsearch
    Ask ChatGPTAsk ClaudeAsk Perplexity
    Follow

    © 2026 samsearch. All rights reserved.

    Terms of usePrivacy policy