FAR 23.107-4—Products that contain, use, or are manufactured with ozone-depleting substances or products that contain or use high global warming potential hydrofluorocarbons.
Plain-English Summary
FAR 23.107-4 addresses federal procurement of products and services that contain, use, or are manufactured with ozone-depleting substances (ODS) and products that contain or use high global warming potential hydrofluorocarbons (HFCs). It ties agency purchasing decisions to the Clean Air Act, EPA’s Protection of Stratospheric Ozone regulations, and the EPA Significant New Alternatives Policy (SNAP) Program. The section requires agencies to run cost-effective programs to reduce procurement of materials and substances that harm the ozone layer or contribute to climate impacts, and it directs contracting personnel to prefer acceptable alternatives whenever they are available. In practice, this means acquisition planning, specifications, and purchase descriptions must be written to avoid unnecessary ODS and to substitute acceptable lower-impact alternatives for HFCs when feasible. The rule also recognizes limited exceptions, including specified essential uses for certain Class I substances and situations where a particular contract requires otherwise. For contractors, the section matters because it can affect product selection, manufacturing processes, technical compliance, and what must be proposed or delivered under a contract. For contracting officers and program offices, it is a sourcing and specification requirement that should be addressed early to avoid buying noncompliant or environmentally inferior products when acceptable alternatives exist.
Key Rules
Follow Clean Air Act authorities
Agencies must comply with Title VI of the Clean Air Act, section 706 of Division D of Public Law 111-8, and the applicable EPA ozone regulations. These authorities form the legal basis for restricting ozone-depleting substances and managing HFC-related procurement decisions.
Use EPA SNAP alternatives
The EPA SNAP Program is the key reference for identifying acceptable alternatives. Agencies should rely on SNAP listings and supplemental tables to determine which substitutes are acceptable for a given end use.
Minimize ozone-depleting substances
Agencies must implement cost-effective programs to reduce procurement of materials and substances that deplete stratospheric ozone. In specifications and purchase descriptions, they must substitute acceptable alternatives to ozone-depleting substances to the maximum extent practicable.
Prefer lower-impact HFC alternatives
When feasible and unless the contract requires otherwise, contractors should use another acceptable alternative instead of a high global warming potential HFC in products and services for an end use where SNAP identifies lower-GWP alternatives. The rule is preference-based but still requires active consideration and documentation.
Account for limited exceptions
The requirement to substitute ODS alternatives does not apply where a Class I substance is used for a specified essential use identified in the regulations. Agencies must recognize and document exceptions rather than treating the preference as absolute.
Build requirements into specs early
The rule applies during preparation of specifications, purchase descriptions, and acquisition of products and services. Environmental requirements should be incorporated at the planning stage so solicitations and contracts reflect compliant product choices from the outset.
Responsibilities
Agency
Implement cost-effective programs to minimize procurement of ozone-depleting substances and products that use or emit high-GWP HFCs. Use procurement policies, market research, and acquisition planning to favor acceptable alternatives and ensure compliance with the cited statutes and EPA regulations.
Contracting Officer
Ensure specifications, purchase descriptions, and solicitations reflect the required preference for acceptable alternatives. Verify that acquisition documents comply with the Clean Air Act, section 706 of Public Law 111-8, and EPA SNAP requirements, and document any applicable exceptions or contract-specific needs.
Program/Requirements Office
Identify the intended end use, determine whether acceptable alternatives exist, and avoid writing requirements that unnecessarily lock in ODS or high-GWP HFCs. Coordinate with contracting staff to ensure environmental requirements are included in the requirement package.
Contractor
When feasible and unless the contract states otherwise, use acceptable alternatives in products and services instead of high-GWP HFCs for covered end uses. Provide compliant products, disclose relevant material or process information when required, and avoid substituting nonacceptable substances without authorization.
EPA
Maintain the SNAP Program and publish the list of acceptable alternatives and related tables. Provide the technical reference agencies use to determine which substitutes are acceptable for specific end uses.
Practical Implications
This section is mainly a planning and specification rule, so the biggest risk is writing requirements too narrowly and unintentionally forcing the use of ODS or high-GWP HFCs when alternatives exist.
Contracting officers should check SNAP listings early in market research and acquisition planning; waiting until award or post-award makes compliance harder and can limit competition.
Contractors should not assume any alternative is acceptable just because it is environmentally preferable; the alternative must be listed as acceptable for the specific end use under SNAP or otherwise authorized.
Agencies should document when an exception applies, especially for specified essential uses or when a particular contract truly requires a specific substance or product.
Because the rule is tied to both environmental compliance and procurement efficiency, it can affect technical specs, evaluation criteria, and product substitutions during performance, not just the final delivered item.
Official Regulatory Text
(a) Authorities. (1) Title VI of the Clean Air Act ( 42 U.S.C. 7671 , et seq. ). (2) Section 706 of Division D, title VII of the Omnibus Appropriations Act, 2009 ( Pub. L. 111-8 ). (3) EPA regulations, Protection of Stratospheric Ozone ( 40 CFR part 82 ). (b) Program. The EPA SNAP Program. (c) Agency program s. Agencies shall implement cost-effective programs to minimize the procurement of materials and substances that contribute to the depletion of stratospheric ozone and/or result in the use, release, or emission of high global warming potential hydrofluorocarbons. (d) Procedures. Agencies shall— (1) Give preference to the procurement of acceptable alternative chemicals, products, and manufacturing processes that reduce overall risks to human health and the environment by minimizing— (i) The depletion of ozone in the upper atmosphere; and (ii) The potential use, release, or emission of high global warming potential hydrofluorocarbons; and (2) In preparing specifications and purchase descriptions and in the acquisition of products and services— (i) Comply with the requirements of title VI of the Clean Air Act; section 706 of division D, title VII of Public Law 111-8 ; and 40 CFR 82.84(a)(2) through (5) ; (ii) Substitute acceptable alternatives to ozone-depleting substances, as identified under 42 U.S.C. 7671k , to the maximum extent practicable, as provided in 40 CFR 82.84(a)(1) , except in the case of Class I substances being used for specified essential uses, as identified under 40 CFR 82.4(n) ; and (iii) Unless a particular contract requires otherwise, specify that, when feasible, contractors shall use another acceptable alternative in lieu of a high global warming potential hydrofluorocarbon in products and services in a particular end use for which EPA's SNAP program has identified other acceptable alternatives that have lower global warming potential. (e) Resource. Refer to EPA's SNAP program website at https://www.epa.gov/snap for the list of alternatives found at 40 CFR part 82, subpart G , as well as supplemental tables of alternatives.