Code of Federal Regulations · Section
§ 23.105 — 23.105 Exceptions
48 C.F.R. § 23.105
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)).
Authorizing Statute
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Federal procurement42 U.S.C. § 6962
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Biobased markets program7 U.S.C. § 8102
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Federal procurement of energy efficient products42 U.S.C. § 8259b
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Federal procurement42 U.S.C. § 7671l
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Chapter 137 legacy provisions10 U.S.C. § 3016
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General authority41 U.S.C. § 1121
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Powers of the Administration in performance of functions51 U.S.C. § 20113
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Administrative40 U.S.C. § 121