An agency is not required to procure an ENERGY STAR [supreg] or FEMP-designated product if the head of the agency determines in writing that--
(a) No ENERGY STAR [supreg] or FEMP-designated product is reasonably available that meets the functional requirements of the agency; or
(b) No ENERGY STAR [supreg] 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]