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

Sections that refer to it

← 225.374 Use of electronic business tools. · 225.401-70 End products subject to trade agreements. →

Rule changes for DFARS Part 225

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 225.401 Exceptions · SpendQuery