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23.204 Procurement exemptions.

23.204 Procurement exemptions.

An agency is not required to procure an ENERGY STAR® or FEMP-designated product if the head of the agency determines in writing that-

  1. (a) No ENERGY STAR® or FEMP-designated product is reasonably available that meets the functional requirements of the agency; or

  2. (b) No ENERGY STAR® or FEMP-designated product is cost effective over the life of the product taking energy cost savings into account.

[72 FR 65872, Nov. 23, 2007]