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

DFARS 225.772-4 Exception.

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 creates an exception to the prohibitions in DFARS 225.772-2(a) and (b). The exception applies only if a specified Under Secretary of Defense makes a national security interest determination and a national security assessment is submitted to congressional defense committees at least seven days before contract award. It matters to contractors because it describes the narrow path by which an otherwise prohibited contract may proceed.

Applies to: Contracts subject to the prohibitions in DFARS 225.772-2(a) and (b)

What it requires

  • If requesting an exception, the contracting officer shall forward the request through agency channels to the address at PGI 225.772-3
  • Provide any available information necessary for the Under Secretary of Defense to evaluate the request and perform a national security assessment

Key terms: national security interest · national security assessment · congressional defense committees · Under Secretary of Defense for Acquisition and Sustainment · Under Secretary of Defense for Policy

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

The text

(a) The prohibitions in 225.772-2(a) and (b) do not apply if—

(1) The Under Secretary of Defense for Acquisition and Sustainment, or the Under Secretary of Defense for Policy, without power of redelegation, determines that it is in the national security interest of the United States to enter into such contract; and

(2) Not later than seven days before entering into such contract, the Under Secretary of Defense making the determination in paragraph (a)(1) of this section, in consultation with the Director of National Intelligence, submits to the congressional defense committees a national security assessment, in accordance with 10 U.S.C. 2279.

(b) If requesting an exception pursuant to paragraph (a) of this section, the contracting officer shall forward the request through agency channels to the address at PGI 225.772-3, providing any available information necessary for the Under Secretary of Defense making the determination in paragraph (a)(1) of this section to evaluate the request and perform a national security assessment, in accordance with 10 U.S.C. 2279.

Sections it refers to

Sections that refer to it

  • 225.772-2 Prohibitions.
  • 225.772-3 Procedures.
  • 252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations.

← 225.772-3 Procedures. · 225.772-5 Solicitation provision and contract clauses. →

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 225.772-4 Exception · SpendQuery