FAR and DFARS › DFARS Part 225: Foreign Acquisition › Subpart 225.4
DFARS 225.401 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 explains how a department or agency can request an exception from the FAR's restrictions on purchasing foreign products when the acquisition is considered indispensable for national security or national defense. It also lists situations where approval from OUSD(A&S)DPCAP is not required, such as when foreign sources are already restricted by statute or another FAR exception applies. Contractors should understand that foreign-source purchases may be allowed under these exceptions, but the process involves a formal request with rationale unless a specific exception applies.
Applies to: Department or agency acquisitions of products from foreign sources
What it requires
- Submit a request with supporting rationale to OUSD(A&S)DPCAP if seeking an exception for an individual acquisition of a product deemed indispensable for national security or national defense purposes.
Key terms: indispensable for national security or national defense purposes · OUSD(A&S)DPCAP · FAR subpart 25.4 · foreign sources · public interest exceptions
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a)(2)(A) If a department or agency considers an individual acquisition of a product to be indispensable for national security or national defense purposes and appropriate for exclusion from the provisions of FAR subpart 25.4, it may submit a request with supporting rationale to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy (DPCAP), Office of the Under Secretary of Defense (Acquisition and Sustainment) (OUSD(A&S)DPCAP). Approval by OUSD(A&S)DPCAP is not required if—
(1) Purchase from foreign sources is restricted by statute (see subpart 225.70);
(2) Another exception in FAR 25.401 applies to the acquisition; or
(3) Competition from foreign sources is restricted under subpart 225.71.
(B) Public interest exceptions for certain countries when acquiring products or services in support of operations in Afghanistan are in 225.7704-1.
Sections it refers to
- 25.401 Exceptions.
- 225.7704-1 Applicability of trade agreements.
Sections that refer to it
- 225.1101 Acquisition of supplies.
← 225.374 Use of electronic business tools. · 225.401-70 End products subject to trade agreements. →
Rule changes for DFARS Part 225
- Defense Federal Acquisition Regulation Supplement: Modifications to Printed Circuit Board Acquisition Restrictions (DFARS Case 2022-D011) ↗ · proposed 2026-07-02 · comments due 2026-08-31
- Defense Federal Acquisition Regulation Supplement: Small Purchase Exception for the Acquisition of U.S. Flags (DFARS Case 2024-D013) ↗ · proposed 2026-06-25 · comments due 2026-08-24
- 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; Technical Amendments ↗ · final rule 2025-08-25 · effective 2025-08-25
- 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 Supplement; Technical Amendments ↗ · final rule 2024-12-18 · effective 2024-12-18
- 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 2024-11-15 · effective 2024-11-15
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.