Part 5123 - Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace

(a) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall make the determination at FAR 23.104(a). See Appendix GG for further delegation.

The Assistant Secretary of the Army (Acquisition, Logistics and Technology), on a non-delegable basis, makes exemptions as set forth in FAR 23.105.

The Assistant Secretary of the Army (Acquisition, Logistics and Technology) has the authority to make the determination at FAR 23.204. See Appendix GG for further delegation.

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

(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.

(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.

The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall make the determination as described in FAR 23.903. See Appendix GG for further delegation.