FAR and DFARS › DFARS Part 222: Application of Labor Laws to Government Acquisitions › Subpart 222.74
DFARS 222.7404 Waiver.
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 lets the Secretary of Defense waive certain requirements of DFARS 222.7402 for a specific contract or subcontract, but only if the Secretary or Deputy Secretary personally determines the waiver is needed to avoid harm to national security and the contract term is no longer than necessary. The determination must be detailed, sent to Congress, and published in the Federal Register at least 15 business days before award.
Applies to: The Secretary of Defense, Deputy Secretary, and contracting officers handling waivers for specific contracts or subcontracts
What it requires
- The Secretary or Deputy Secretary must personally determine that the waiver is necessary to avoid harm to national security interests and that the contract term is not longer than necessary.
- The waiver determination must state the grounds with specificity, list alternatives considered, and explain why each alternative would not avoid harm.
- The contracting officer must submit waiver requests according to agency procedures and PGI 222.7404(c).
- The Secretary of Defense must transmit the determination to Congress and publish it in the Federal Register at least 15 business days before award.
Key terms: waiver · Secretary of Defense · Deputy Secretary · national security interests · Federal Register
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) The Secretary of Defense may waive, in accordance with paragraphs (b) through (d) of this section, the applicability of paragraphs (a) or (b) of 222.7402 to a particular contract or subcontract, if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm.
(b) The waiver determination shall set forth the grounds for the waiver with specificity, stating any alternatives considered, and explain why each of the alternatives would not avoid harm to national security interests.
(c) The contracting officer shall submit requests for waivers in accordance with agency procedures and PGI 222.7404(c).
(d) The Secretary of Defense will transmit the determination to Congress and simultaneously publish it in the Federal Register, not less than 15 business days before the contract or subcontract addressed in the determination may be awarded.
Sections it refers to
- 222.7402 Policy.
Sections that refer to it
- 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.
← 222.7403 Applicability. · 222.7405 Contract clause. →
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.