FAR 23.104 — General procedures
Regulatory text. Not legal advice.
(a)
(a) Maximum extent practicable. If the requiring activity submits a written justification addressing the reasons described in FAR 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)
(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 FAR 52.223-23, Sustainable Products and Services, based on the written justification under paragraph (a) of this section, an exception at FAR 23.105, or an exemption at FAR 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)
(c) Prioritization. Agencies shall prioritize sustainable products and services as follows:
(1) Procure products and services that meet applicable statutory purchasing program requirements (see FAR 23.107). When both an EPA-designated item (see FAR 23.107-1) and a biobased product in a USDA-designated product category (see FAR 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 FAR 23.107) and one or more required EPA purchasing programs (see FAR 23.108).
(3) If no statutory purchasing program requirements apply, procure sustainable products and services that meet required EPA purchasing program requirements (see FAR 23.108).
(d)
(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 FAR 23.107 and FAR 23.108, agencies should consult the GPC when determining which purchasing programs apply to a specific product or service.
Source: eCFR • Pulled 2026-04-16