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

DFARS 225.7019-3 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 lets the head of a contracting activity waive the prohibition in DFARS 225.7019-2 on acquiring furnished energy for a covered military installation, but only after certifying to the congressional defense committees that the waiver is needed for an adequate energy supply and that national security was weighed against the risk of relying on Russia. Before executing any contract under such a waiver, the head of the contracting activity must send the committees a waiver notice at least 14 days in advance.

Applies to: The head of the contracting activity and requiring activities involved in acquiring furnished energy for a covered military installation

What it requires

  • The head of the contracting activity may approve a waiver only upon certification to the congressional defense committees on the two stated matters
  • Submit a waiver notice to the congressional defense committees not later than 14 days before executing the energy contract
  • Include in the waiver notice the rationale, an assessment of impact on DoD's European energy resilience strategy, and an explanation of risk mitigation measures

Key terms: waiver · furnished energy · covered military installation · congressional defense committees · Russian Federation

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

The text

(a) Request and approval of waiver. The requiring activity may submit to the contracting activity a request for waiver of the prohibition in 225.7019-2 for a specific contract for the acquisition of furnished energy for a covered military installation. The head of the contracting activity, without power of redelegation, may approve the waiver, upon certification to the congressional defense committees that—

(1) The waiver of section 2821 is necessary to ensure an adequate supply of furnished energy for the covered military installation; and

(2) National security requirements have been balanced against the potential risk associated with reliance upon the Russian Federation for furnished energy.

(b) Submission of waiver notice. (1) Not later than 14 days before the execution of any energy contract for which a waiver is granted under paragraph (a) of this section, the head of the contracting activity shall submit to the congressional defense committees a notice of the waiver. See PGI 225.7019-3 for waiver procedures.

(2) The waiver notice shall include the following:

(i) The rationale for the waiver, including the basis for the certifications required by paragraph (a) of this section.

(ii) An assessment of how the waiver may impact DoD's European energy resilience strategy.

(iii) An explanation of the measures DoD is taking to mitigate the risk of using Russian Federation furnished energy.

Sections it refers to

Sections that refer to it

  • 225.7019-4 Solicitation provision and contract clause.

← 225.7019-2 Prohibition. · 225.7019-4 Solicitation provision and 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 225.7019-3 Waiver · SpendQuery