# AFARS PART 5123

- Subpart 5123.2 – Energy and Water Efficiency and Renewable Energy

- 5123.204 Procurement exemptions.
- 5123.205 Energy-savings performance contracts.

- Subpart 5123.3 – Hazardous Material Identification and Material Safety Data

- 5123.302 Policy.

- Subpart 5123.8 – Ozone-Depleting Substances

- 5123.803 Policy.

AFARS – PART 5123

ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

(Revised December 17, 2014)

Subpart 5123.2 – Energy and Water Efficiency and Renewable Energy

5123.204 Procurement exemptions.

The Assistant Secretary of the Army (Acquisition, Logistics and Technology) has delegated to the head of the contracting activity, delegable no lower than to the chief of the contracting office, the authority to make the determination at FAR 23.204.

5123.205 Energy-savings performance contracts.

Energy-savings performance contracts are service contracts and require inclusion of a quality assurance surveillance plan in the contract file.

Subpart 5123.3 – Hazardous Material Identification and Material Safety Data

5123.302 Policy.

(d) See Army Regulation 700-141 for instructions for obtaining and processing Material Safety Data Sheets.

(e) The contracting officer shall provide hazard warning labels and Material Safety Data Sheets to the safety office in accordance with Army Regulation 700-141.

Subpart 5123.8 – Ozone-Depleting Substances

5123.803 Policy.

(1) Contracts.

(i) The organization with primary responsibility for determining the principal specifications and standards cited in the solicitation or contract is responsible for obtaining authorization to include the specification or standard in the contract.

(ii) The approving official must be from the technical or program organization with primary responsibility for determining the equipment or systems specifications and standards.

(2) Modifications.

(i) For contracts administered by the Army, the contracting officer must obtain an evaluation and written determination of the suitability of proposed substitutes for ozone-depleting substances from the organization in (1)(i).

(ii) The written determination must be based on a certification by a technical representative of the

Environmental Support Office

Headquarters, Department of the Army

2800 Crystal Drive, 5th Floor

Arlington, VA 22202-3911,

in coordination with the requiring activity. Elevate any dispute concerning what constitutes a suitable substitute through the requiring activity’s leadership to the Army Acquisition Executive for a final decision.