48 CFR § 23.204
Procurement exemptions
November 17, 2020
An agency is not required to procure an ENERGY STAR® or FEMP-designated product if the head of the agency determines in writing that—
(a) No ENERGY STAR® or FEMP-designated product is reasonably available that meets the functional requirements of the agency; or
(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]