FAR 23.105 — Exceptions
Regulatory text. Not legal advice.
The following are excepted from the requirement to procure sustainable products and services:
(a)
(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)
(b) Weapon systems; however, compliance with applicable agency affirmative procurement programs is required for recovered materials per FAR 23.107-1 (see FAR 23.109(b)) (42 U.S.C. 6962) and for alternatives for ozone depleting substances per FAR 23.107-4 (see FAR 23.109(d)) (42 U.S.C. 7671l), unless a written justification exists as described at FAR 23.104(a) (42 U.S.C. 6962(c)(1) and 7 U.S.C. 8102(a)(1)(B)).
(c)
(c) Energy-consuming products or systems designed or procured for combat or combat-related missions are not subject to the requirements in FAR 23.107-3 (42 U.S.C. 8259b(a)(5)).
(d)
(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 FAR 23.107-2 (7 CFR 3201.3(e)).
Source: eCFR • Pulled 2026-04-16