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

DFARS 225.7012-2 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 the Secretary of Defense to waive a restriction on a case-by-case basis, but only after certifying to certain congressional committees that adequate U.S. supplies are unavailable on a timely basis and that the acquisition is needed for national security purposes. For contractors, this means the restriction may be lifted in specific situations, but only through a formal waiver process involving Congress.

Applies to: The Secretary of Defense and acquisitions subject to the restriction being waived

Key terms: waive · case-by-case basis · certifying · Armed Services and Appropriations Committees of Congress · 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 Defense may waive this restriction, on a case-by-case basis, after certifying to the Armed Services and Appropriations Committees of Congress that—

(a) Adequate U.S. supplies are not available to meet requirements on a timely basis; and

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

← 225.7012-1 Restriction. · 225.7012-3 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 225.7012-2 Waiver · SpendQuery