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FAR and DFARS › DFARS Part 225: Foreign Acquisition › Subpart 225.7

DFARS 225.770-5 Waiver of prohibition.

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 prohibition in DFARS 225.770-2 to be waived on a case-by-case basis if a specified official determines that a waiver is necessary for national security purposes. The official must report to congressional defense committees at least 15 days before issuing the waiver, explaining the reasons and recommending actions to develop alternative sourcing capabilities.

Applies to: The prohibition in DFARS 225.770-2 and the officials authorized to waive it.

What it requires

  • The official granting a waiver must submit a report to the congressional defense committees, with a copy to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy, not less than 15 days before issuing the waiver.
  • In the report, the official must identify the specific reasons for the waiver and include recommendations as to what actions may be taken to develop alternative sourcing capabilities in the future.

Key terms: waiver · national security purposes · congressional defense committees · alternative sourcing capabilities

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

The text

(a) The prohibition in 225.770-2 may be waived, on a case-by-case basis, if an official identified in paragraph (b) of this subsection determines that a waiver is necessary for national security purposes.

(b) The following officials are authorized, without power of delegation, to make the determination specified in paragraph (a) of this subsection:

(1) The Under Secretary of Defense (Acquisition and Sustainment).

(2) The Secretaries of the military departments.

(3) The Component Acquisition Executive of the Defense Logistics Agency.

(c)(1) The official granting a waiver shall submit a report to the congressional defense committees, with a copy to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy (see PGI 225.770-5), not less than 15 days before issuing the waiver.

(2) In the report, the official shall—

(i) Identify the specific reasons for the waiver; and

(ii) Include recommendations as to what actions may be taken to develop alternative sourcing capabilities in the future.

Sections it refers to

← 225.770-4 Identifying items covered by the USML or the 600 series of the CCL. · 225.771 Prohibition on contracting or subcontracting with a firm that is owned or controlled by the government of a country that is a state sponsor of terrorism. →

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 225.770-5 Waiver of prohibition · SpendQuery