SpendQueryBeta

FAR and DFARS › DFARS Part 225: Foreign Acquisition › Subpart 225.4

DFARS 225.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements.

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 DFARS section tells contracting officers that for supplies covered by the World Trade Organization Government Procurement Agreement, they must generally buy only U.S.-made, qualifying country, or designated country end products. Exceptions are allowed only in specific situations, such as when compliant offers are not received or are insufficient, a national interest waiver is granted, or the acquisition supports operations in Afghanistan. It matters to contractors because it limits which products can be accepted for these acquisitions unless an exception applies.

Applies to: Acquisitions of supplies covered by the World Trade Organization Government Procurement Agreement

What it requires

  • Acquire only U.S.-made, qualifying country, or designated country end products unless an exception applies
  • Accept all responsive, responsible offers of U.S.-made, qualifying country, and eligible products before accepting any other offers when compliant offers are insufficient
  • Submit any request for a national interest waiver to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy in accordance with department or agency procedures, including supporting rationale

Key terms: U.S.-made end product · qualifying country end product · designated country end product · national interest waiver · eligible product

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(c) For acquisitions of supplies covered by the World Trade Organization Government Procurement Agreement, acquire only U.S.-made, qualifying country, or designated country end products unless—

(i) The contracting officer determines that offers of U.S.-made, qualifying country, or designated country end products from responsive, responsible offerors are either—

(A) Not received; or

(B) Insufficient to fill the Government's requirements. In this case, accept all responsive, responsible offers of U.S.-made, qualifying country, and eligible products before accepting any other offers;

(ii) A national interest waiver under 19 U.S.C. 2512(b)(2) is granted on a case-by-case basis. Except as delegated in paragraphs (c)(i)(A) and (B) of this section, submit any request for a national interest waiver to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy in accordance with department or agency procedures. Include supporting rationale with the request.

(A) The head of the contracting activity may approve a national interest waiver for a purchase by an overseas purchasing activity, if the waiver is supported by a written statement from the requiring activity that the products being acquired are critical for the support of U.S. forces stationed abroad.

(B) The Commander or Director, Defense Energy Support Center, may approve national interest waivers for purchases of fuel for use by U.S. forces overseas; or

(iii) The acquisition is in support of operations in Afghanistan (see 225.7704-1).

Sections it refers to

Sections that refer to it

← 225.402 General. · 225.408 Procedures. →

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 225.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements · SpendQuery