FAR and DFARS › DFARS Part 215: Contracting by Negotiation › Subpart 215.3
DFARS 215.371-4 Exceptions.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section lists exceptions to the requirements in DFARS 215.371-2. If an acquisition falls into one of these categories, the requirements do not apply. However, the contracting officer must still seek maximum practicable competition and ensure fair and reasonable pricing.
Applies to: Department of Defense acquisitions
What it requires
- Seek maximum practicable competition
- Ensure that the price is fair and reasonable
Key terms: simplified acquisition threshold · contingency operations · humanitarian or peacekeeping operations · small business set-asides · commercial solutions opening
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) The requirements at 215.371-2 do not apply to—
(1) Acquisitions at or below the simplified acquisition threshold;
(2) Acquisitions, as determined by the head of the contracting activity, in support of contingency or humanitarian or peacekeeping operations; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster;
(3) Small business set-asides under FAR subpart 19.5, set asides offered and accepted into the 8(a) Program under FAR subpart 19.8, or set-asides under the HUBZone Program (see FAR 19.1305(c)), the Service-Disabled Veteran-Owned Small Business Procurement Program (see FAR 19.1405(c)), or the Women-Owned Small Business Program (see FAR 19.1505(d));
(4) Acquisitions of science and technology, as specified in 235.016(a);
(5) Acquisitions of architect-engineer services (see FAR 36.601-2); or
(6) Acquisitions under a commercial solutions opening pursuant to subpart 212.70.
(7) Acquisitions of commercial products and commercial services using FAR part 12 procedures.
(b) The applicability of an exception in paragraph (a) of this section does not eliminate the need for the contracting officer to seek maximum practicable competition and to ensure that the price is fair and reasonable.
Sections it refers to
← 215.371-3 Fair and reasonable price and the requirement for additional cost or pricing data. · 215.371-5 Waiver. →
Rule changes for DFARS Part 215
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · final rule 2025-08-25 · effective 2025-10-01
- Defense Federal Acquisition Regulation Supplement: Definition of Material Weakness (DFARS Case 2021-D006) ↗ · final rule 2025-01-17 · effective 2025-01-17
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · proposed 2025-01-17 · comments due 2025-03-18
- Defense Federal Acquisition Regulation: Past Performance of Affiliate Companies of Small Business Concerns (DFARS Case 2024-D016) ↗ · final rule 2024-11-15 · effective 2024-11-15
- Defense Federal Acquisition Regulation Supplement: Inapplicability of Additional Defense-Unique Laws and Certain Non-Statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074) ↗ · final rule 2024-11-15 · effective 2024-11-25
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2024-10-10 · effective 2024-10-10
- Defense Federal Acquisition Regulation Supplement: DoD Cost or Pricing Data Requirements (DFARS Case 2022-D004) ↗ · proposed 2024-09-26 · comments due 2024-11-25
- Defense Federal Acquisition Regulation Supplement: Assuring Integrity of Overseas Fuel Supplies (DFARS Case 2022-D013) ↗ · final rule 2024-09-26 · effective 2024-10-01
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.