---
kind: "section"
citation: "48 C.F.R. § 23.105"
title: "48"
number: "23.105"
heading: "Exceptions."
url: "https://uscodex.org/cfr/48/23.105"
---

# §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](/usc/42/6962.md)) and for alternatives for ozone depleting substances per 23.107-4 (see 23.109(d)) ([42 U.S.C. 7671l](/usc/42/7671l.md)), unless a written justification exists as described at 23.104(a) (42 U.S.C. [6962(c)(1)](/usc/42/6962.md?p=c-1) and [7](/usc/42/7.md) 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)](/usc/42/8259b.md?p=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)](/cfr/7/3201.3.md?p=e)).

## Notes

### Source

Source: 89 FR 30238, Apr. 22, 2024, unless otherwise noted.

### Authority

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.

### Source

Source: 48 FR 42275, Sept. 19, 1983, unless otherwise noted.