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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: 2025-O0004
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—Revocation of Executive Order on Sustainability
Effective immediately, contracting officers shall—
(1) For new solicitations and contracts—
(a) Not use the following solicitation provision and contract clause:
(i) 52.223-19, Compliance with Environmental Management Systems.
(ii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction
Goals—Representation.
(b) Use the following contract clauses (see Attachment 1):
(i) 52.223-10, Waste Reduction Program (DEVIATION 2025-O0004), in lieu of
the clause at FAR 52.223-10.
(ii) 52.223-23, Sustainable Products and Services (DEVIATION 2025-O0004) in
lieu of the clause at FAR 52.223-23.
(c) Use the paragraphs in the solicitation provisions and contract clauses in Attachment 2
in lieu of those paragraphs in the following provisions and clauses in FAR part 52:
(i) 52.204-8, Annual Representations and Certifications.
(ii) 52.212-3, Offeror Representations and Certifications—Commercial Products
and Commercial Services.
(iii) 52.212-5, Contract Terms and Conditions Required To Implement Statutes
or Executive Orders—Commercial Products and Commercial Services.
Class Deviation 2024-O0004
Revocation of Executive Order on Sustainability
(iv) 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than
Commercial Products and Commercial Services).
(2) Amend open solicitations and modify existing contracts, as applicable, to—
(a) Remove the solicitation provision and contract clause in paragraph (1)(a) of this class
deviation;
(b) Use the contract clauses in paragraph (1)(b) of this class deviation in lieu of the
provision and clause in FAR part 52; and
(c) Use the paragraphs in the solicitation provisions and contract clauses in paragraph
(1)(c) of this class deviation in lieu of those paragraphs in FAR part 52.
(3) Consider whether to modify contract actions nearing the end of the period of performance
(i.e., six months or less remaining) and without options to extend.
Contracting officers shall not consider or use the representations in the System for Award
Management (SAM) for the provision at FAR 52.223-22 and paragraph (t) of FAR 52.212-3. Until it is
updated, SAM may continue to require entities to complete representations based on provisions that are
not included in agency solicitations. Entities are not required to, nor are they able to, update their entity
registration to remove these representations in SAM.
Additionally, contracting officers are generally prohibited from requiring offerors, as a condition
of being awarded a contract, to disclose a greenhouse gas inventory or any other report on greenhouse
gas emissions. See Class Deviation 2024-O0009, Prohibition on Required Disclosure of Information
Relating to Greenhouse Gas Emissions.
This class deviation implements section 2(rr) of Executive Order 14148, Initial Rescissions of
Harmful Executive Orders and Actions, of January 20, 2025 (see 90 FR 8237), which revoked Executive
Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, of December
8, 2021.
This class deviation remains in effect until incorporated into the FAR or until otherwise
rescinded. Direct questions to DPCAP/DARS at osd.dfars@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing, Contracting, and Acquisition
Policy
Attachments:
As stated
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Attachment 1
Class Deviation 2025-O0004
Revocation of Executive Order on Sustainable Procurement
Changes are indicated by a change bar in the right-hand margin.
52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004)
As prescribed in 23.406(c), insert the following clause:
WASTE REDUCTION PROGRAM (MAR 2025) (DEVIATION 2025-O0004)
(a) Definitions. As used in this clause—
Recycling means the series of activities, including collection, separation, and processing, by which
products or other materials are recovered from the solid waste stream for use in the form of raw
materials in the manufacture of products other than fuel for producing heat or power by combustion.
Waste prevention means any change in the design, manufacturing, purchase, or use of materials or
products (including packaging) to reduce their amount or toxicity before they are discarded. Waste
prevention also refers to the reuse of products or materials.
Waste reduction means preventing or decreasing the amount of waste being generated through
waste prevention, recycling, or purchasing recycled and environmentally preferable products.
(b) The Contractor shall establish a program to promote cost-effective waste reduction in all
operations and facilities covered by this contract. The Contractor's programs shall comply with
applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource
Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part
247).
(End of clause)
** * * *
52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004)
As prescribed in 23.109(a), insert the following clause:
SUSTAINABLE PRODUCTS AND SERVICES (MAR 2025) (DEVIATION 2025-O0004)
(a) Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture
(USDA) to be a commercial product or industrial product (other than food or feed) that is
composed, in whole or in significant part, of biological products, including renewable domestic
agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock.
The term includes, with respect to forestry materials, forest products that meet biobased content
requirements, notwithstanding the market share the product holds, the age of the product, or
whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2).
Page 1 of 3
Attachment 1
Class Deviation 2025-O0004
Revocation of Executive Order on Sustainable Procurement
Changes are indicated by a change bar in the right-hand margin.
Recovered material means waste materials and by-products recovered or diverted from solid
waste, but the term does not include those materials and by-products generated from, and
commonly reused within, an original manufacturing process. (42 U.S.C. 6903).
Sustainable products and services means:
(1) Products containing recovered material designated by the U.S. Environmental
Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962)
(40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-
program#products).
(2) Energy- and water-efficient products that are ENERGY STAR® certified or Federal
Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part
436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products and
https://www.energystar.gov/products?s=mega).
(3) Biobased products meeting the content requirement of the USDA under the
BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) (https://www.biopreferred.gov).
(4) Acceptable chemicals, products, and manufacturing processes listed under EPA's
Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth
transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C.
7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).
(b) Requirements.
(1) The sustainable products and services, including the purchasing program and type of
product or service, that are applicable to this contract, and any products or services that are not
subject to this clause, will be set forth in the statement of work or elsewhere in the contract.
(2) The Contractor shall ensure that the sustainable products and services required by
this contract are—
(i) Delivered to the Government;
(ii) Furnished for use by the Government;
(iii) Incorporated into the construction of a public building or public work; and
(iv) Furnished for use in performing services under this contract, where the cost of
the products is a direct cost to this contract (versus costs which are normally applied to the
Contractor's general and administrative expenses or indirect costs). This includes services
performed by contractors performing management and operation of Government-owned facilities
to the same extent that, at the time of award, an agency would be required to comply if an agency
operated or supported the facility.
Page 2 of 3
Attachment 1
Class Deviation 2025-O0004
Revocation of Executive Order on Sustainable Procurement
Changes are indicated by a change bar in the right-hand margin.
(3) [Reserved]
(c) Resource. The Green Procurement Compilation (GPC) available at
https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and
services and sustainable acquisition guidance. The Contractor should review the GPC when
determining which statutory purchasing programs apply to a specific product or service.
(End of clause)
Page 3 of 3
Attachment 2
Class Deviation 2025-O0004
Revocation of Executive Order on Sustainable Procurement
Changes are indicated by a change bar in the right-hand margin.
52.204-8 Annual Representations and Certifications.
Substitute the following paragraph (c)(1)(xix) for that paragraph in the provision at Federal
Acquisition Regulation (FAR) 52.204-8:
ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2025) (DEVIATION 2025-
O0004)
* * * * *
(c)(1) The following representations or certifications in SAM are applicable to this
solicitation as indicated:
* * * * *
(xix) [Reserved]
* * * * *
52.212-3 Offeror Representations and Certifications—Commercial Products and
Commercial Services.
Substitute the following paragraph (t) for that paragraph in the provision at FAR 52.212-3:
OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (MAR 2025) (DEVIATION 2025-O0004)
* * * * *
(t) [Reserved]
* * * * *
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive
Orders—Commercial Products and Commercial Services.
Substitute the following paragraph (b)(46) for that paragraph in the clause at FAR 52.212-5:
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(MAR 2025) (DEVIATION 2025-O0004)
* * * * *
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has indicated as being incorporated in this contract by reference to
implement provisions of law or Executive orders applicable to acquisitions of commercial
products and commercial services: [Contracting Officer check as appropriate.]
Page 1 of 2
Attachment 2
Class Deviation 2025-O0004
Revocation of Executive Order on Sustainable Procurement
Changes are indicated by a change bar in the right-hand margin.
* * * * *
__(46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-
O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
* * * * *
52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial
Products and Commercial Services).
Substitute the following paragraph (b)(1)(xvii) for that paragraph in the clause at FAR 52.213-4:
TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (MAR 2025) (DEVIATION
2025-O0004)
* * * * *
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference,
unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
* * * * *
(xvii) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION
2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies
to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the
sustainable products and services that apply to the acquisition).
* * * * *
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