Federal Register #DARS-2026-0067

DoD Final Rule Limiting Greenhouse Gas Disclosure Requirements for Nontraditional Defense Contractors

The Defense Department has issued a final rule affecting defense contracting requirements: - Applies to all DoD contracts managed by the Defense Acquisition Regulations System - Prohibits contracting officers from requiring nontraditional defense contractors to disclose greenhouse gas (GHG) inventories or reports as a condition of contract award - Exceptions allowed if disclosure is necessary to verify voluntary reporting or if a waiver is granted for contract performance - Prohibits consideration of GHG emission information in annual representations and certifications for contract awards - No specific products, OEMs, vendors, part numbers, or purchase quantities are referenced - Focuses on limiting GHG emissions disclosure requirements for nontraditional defense contractors, with exceptions for contract-specific needs

Description

The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 318 of the National Defense Authorization Act for Fiscal Year 2024. This rule prohibits DoD contracting officers from requiring nontraditional defense contractors to disclose greenhouse gas inventories or reports as a condition of contract award, unless necessary to verify a voluntary disclosure or a waiver is granted. It also prohibits consideration of greenhouse gas emission information in annual representations and certifications as a condition of contract award. The rule aims to limit greenhouse gas emissions disclosure requirements in defense contracting while allowing exceptions where directly related to contract performance.

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