An agency is not required to procure an ENERGY STAR® or FEMP-designated product if the head of the agency determines in writing that-

1. (a) No ENERGY STAR® or FEMP-designated product is reasonably available that meets the functional requirements of the agency; or

2. (b) No ENERGY STAR® or FEMP-designated product is cost effective over the life of the product taking energy cost savings into account.