48 CFR § 23.105 - 23.105 Exceptions.

---
identifier: "/us/cfr/t48/s23.105"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 23.105 - 23.105   Exceptions."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "23.105"
section_name: "23.105   Exceptions."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "D"
subchapter_name: "SOCIOECONOMIC PROGRAMS"
part_number: "23"
part_name: "ENVIRONMENT, SUSTAINABLE ACQUISITION, AND MATERIAL SAFETY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "48 FR 42275, Sept. 19, 1983, unless otherwise noted."
cfr_part: "23"
---


# 23.105 23.105   Exceptions.

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)).