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FAR and DFARS › DFARS Part 225: Foreign Acquisition › Subpart 225.70

DFARS 225.7009-4 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 allows a high-level official to waive the restriction in DFARS 225.7009-2 on a case-by-case basis. The waiver requires certifying to the House and Senate Committees on Appropriations that adequate domestic supplies are not available on a timely basis and that the acquisition is needed for national security capability. For contractors, this means the restriction can be lifted only through this specific waiver process.

Applies to: The Secretary of the department responsible for acquisition or, for the Defense Logistics Agency, the Component Acquisition Executive

What it requires

  • Certify to the House and Senate Committees on Appropriations that adequate domestic supplies are not available to meet DoD requirements on a timely basis
  • Certify to the House and Senate Committees on Appropriations that the acquisition must be made to acquire capability for national security purposes

Key terms: waive · restriction · case-by-case basis · certifying · national security purposes

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

The text

The secretary of the department responsible for acquisition or, for the Defense Logistics Agency, the Component Acquisition Executive, may waive the restriction in 225.7009-2, on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that—

(a) Adequate domestic supplies are not available to meet DoD requirements on a timely basis; and

(b) The acquisition must be made in order to acquire capability for national security purposes.

Sections it refers to

Sections that refer to it

← 225.7009-3 Exception. · 225.7009-5 Contract clause. →

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 225.7009-4 Waiver · SpendQuery