Class Deviation 2024-O0009 - Revision 1 – Prohibition on Required Disclosure of Information Relating to Greenhouse Gas Emissions

Status: Active

Date Issued: 2025-08-27

Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy

Scope: All DoD contracting officers

Applies to DAF/Air Force: Yes

Authority: Section 318 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31) as amended by section 316 of the National Defense Authorization Act for Fiscal Year 2025 (Pub. L. 118-159)

Summary

This class deviation prohibits Department of Defense contracting officers from requiring greenhouse gas (GHG) disclosures as a condition of contract award. The prohibition applies to nontraditional defense contractors indefinitely and to traditional defense contractors through December 22, 2026. Contracting officers must not consider GHG emission information submitted via Federal Acquisition Regulation 52.204-7, System for Award Management representations.

Required Contracting Officer Actions

Do not require any nontraditional defense contractor to disclose a GHG inventory or any other GHG emissions report as a condition of contract award.
Do not require any traditional defense contractor to disclose a GHG inventory or any other GHG emissions report as a condition of contract award through December 22, 2026.
Do not consider GHG emission information from annual representations and certifications submitted under Federal Acquisition Regulation 52.204-7 as a condition for award.
To apply an exception to the prohibition, obtain a determination from a contracting official at least one level above the contracting officer that the disclosure is necessary to verify a voluntary disclosure.
Recognize that the head of the contracting activity (Head of the Contracting Activity) may issue a contract-by-contract waiver when GHG information is directly related to contract performance. Ensure any required information is clearly identifiable in that waiver.

Affected Provisions and Clauses

52.204-7, (Clause)

Prescribed in: 4.1105(a)
Change type: MODIFIED
Action: Modify clause 52.204-7

Notes

Revision History: This revision supersedes Class Deviation 2024-O0009 issued on February 25, 2024. The revision implements a statutory extension of the time-limited prohibition for traditional defense contractors.

Expiration -- Nontraditional Contractors: After December 22, 2026, the deviation remains in effect for nontraditional defense contractors until incorporated into the Defense Federal Acquisition Regulation Supplement (DFARS) or rescinded.

Expiration -- Traditional Contractors: The prohibition for traditional defense contractors expires on December 22, 2026.

Questions: Direct questions to Defense Pricing, Contracting, and Acquisition Policy / Defense Acquisition Regulation System (DPCAP/DARS) at osd.dfars@mail.mil.