# Class Deviation 2024-O0009
# Class Deviation 2024-O0009 – Prohibition on Required Disclosure of Information Relating to Greenhouse Gas Emissions

Status: Archived
Date Issued: Effective immediately (issued with DARS Tracking Number 2024-O0009)
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers
Authority: Section 318 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31)

## Summary

DoD contracting officers are prohibited from requiring defense contractors to disclose a greenhouse gas inventory or any other greenhouse gas emissions report as a condition of contract award. The prohibition applies to nontraditional defense contractors indefinitely and to traditional defense contractors through December 22, 2024. Contracting officers must also disregard greenhouse gas emission information submitted through annual representations and certifications in specified FAR provisions when making award decisions.

## Required Contracting Officer Actions

1. Do not require any nontraditional defense contractor to disclose a greenhouse gas inventory or any other greenhouse gas emissions report as a condition of contract award.
2. Do not require any traditional defense contractor to disclose a greenhouse gas inventory or any other greenhouse gas emissions report as a condition of contract award through December 22, 2024.
3. Do not consider greenhouse gas emission information in FAR 52.204-7, FAR 52.204-8 paragraph (c)(1)(xix) or FAR 52.212-3 paragraph (t) as a condition for award.
4. If an exception is sought, obtain a determination from a contracting official at least one level above the contracting officer that disclosure is necessary to verify a voluntary disclosure.
5. If a waiver is needed, seek approval from the head of the contracting activity on a contract-by-contract basis, ensuring the required information is directly related to contract performance and is clearly delineated.

## Affected Provisions and Clauses

### 52.204-7, System for Award Management (Provision)
- Prescribed in: 4.1105(a)
- Change type: MODIFIED
- Action: Contracting officers must not consider greenhouse gas emission information contained in this provision as a condition for contract award.

### 52.204-8, Annual Representations and Certifications (Provision)
- Prescribed in: 4.1202(a)
- Change type: MODIFIED
- Action: Paragraph (c)(1)(xix) addressing public disclosure of greenhouse gas emissions and reduction goals must not be considered as a condition for contract award.

### 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (Provision)
- Prescribed in: 12.301(b)
- Change type: MODIFIED
- Action: Paragraph (t) addressing public disclosure of greenhouse gas emissions and reduction goals must not be considered as a condition for contract award.

#### Before (original text):
(t)
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals
. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)).

#### After (deviation text):
Contracting officers shall not consider, as a condition for award, greenhouse gas emission information that may otherwise be provided in annual representations and certifications in response to FAR 52.212-3, paragraph (t), Public Disclosure of Greenhouse Gas Emissions and Reduction Goals.

## Notes

Sunset for Traditional Contractors: The prohibition for traditional defense contractors expires on December 22, 2024. After that date, the deviation remains in effect only for nontraditional defense contractors until incorporated into the DFARS or otherwise rescinded.

Exception Threshold: An exception to the prohibition requires a written determination by a contracting official at least one level above the contracting officer that disclosure is necessary to verify a voluntary submission of a greenhouse gas inventory or report.

Waiver Authority: The head of the contracting activity may grant waivers on a contract-by-contract basis only when greenhouse gas emission information is directly related to contract performance. Any required information must be clearly delineated in the waiver.

Point of Contact: Questions may be directed to Mr. David Johnson at david.e.johnson3.civ@mail.mil.

## Suggested Questions

You can ask your AI assistant:
- What actions do I need to take for this deviation?
- Does this deviation affect commercial acquisitions under Part 12?
- Which clauses need to be removed from my existing contracts?
- How does this deviation change 52.204-7 specifically?
- Are there any SAM registration implications?

---
Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA000361-24-DPC.pdf