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OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2024-O0009
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS COMMAND
(ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Class Deviation—Prohibition on Required Disclosure of Information Relating to
Greenhouse Gas Emissions
Effective immediately, DoD contracting officers shall not require, as a condition of
contract award, certain defense contractors to disclose a greenhouse gas inventory or any other
report on greenhouse gas emissions, unless an exception is made or a waiver is granted.
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 the following Federal Acquisition Regulation (FAR) solicitation provisions:
• FAR 52.204-7, System for Award Management.
• FAR 52.204-8, Annual Representations and Certifications; paragraph (c)(1)(xix), Public
Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation.
• FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and
Commercial Services; paragraph (t), Public Disclosure of Greenhouse Gas Emissions and
Reduction Goals.
(A) Definitions. As used in this class deviation—
(1) The term “greenhouse gas” means carbon dioxide, methane, nitrous oxide, nitrogen
trifluoride, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.
(2) The term “greenhouse gas inventory” means, with respect to an entity or individual, a
quantified list of the annual greenhouse gas emissions of the entity or individual.
(B) Prohibition on Required Disclosure of Information Relating to Greenhouse Gas Emissions.
Class Deviation 2024-O0009
Prohibition on Required Disclosure of Information Relating to Greenhouse Gas Emissions
(1) Nontraditional defense contractors. Contracting officers shall not require that any
nontraditional defense contractor, as a condition of being awarded a DoD contract, disclose a
greenhouse gas inventory or any other report on greenhouse gas emissions.
(2) Traditional defense contractors. Through December 22, 2024, contracting officers
shall not require that any individual or entity that is other than a nontraditional defense
contractor, as a condition of being awarded a DoD contract, disclose a greenhouse gas inventory
or any other report on greenhouse gas emissions.
(C) Exception. An exception to the prohibition in paragraphs (B)(1) and (2) of this class
deviation may apply, where a contracting official at least one level above the contracting officer
determines that requiring such disclosure is necessary to verify a voluntary disclosure of such
inventory or other report.
(D) Waiver. The head of the contracting activity (HCA) may issue a waiver on a contract-by-
contract basis provided that the information relating to greenhouse gas emissions is directly
related to the performance of the contract. In issuing such a waiver, the HCA shall ensure that
any such required information is clearly delineated.
This class deviation implements section 318 of the National Defense Authorization Act
for Fiscal Year 2024 (Pub. L. 118-31).
This class deviation remains in effect until December 22, 2024, for contract awards for
both nontraditional defense contractors and traditional defense contractors. After December 22,
2024, this class deviation remains in effect only for nontraditional defense contractors until
incorporated in the DFARS or otherwise rescinded. My point of contact is Mr. David Johnson,
who is available by email at david.e.johnson3.civ@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing and Contracting
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