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FAR and DFARS › DFARS Part 225: Foreign Acquisition › Subpart 225.8

DFARS 225.871-4 Statutory waivers.

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 Deputy Secretary of Defense waive certain laws for contracts or subcontracts placed outside the United States, such as rules on how contracts are formed, terms and conditions, preferences for U.S. goods or services, and contract performance. It also lists laws that cannot be waived, including the Arms Export Control Act, certain title 10 provisions, cargo preference laws, and Treasury financial management responsibilities. Contractors should know that a waiver is possible only for overseas contracts and only with high-level approval.

Applies to: Contracts or subcontracts placed outside the United States

What it requires

  • Obtain the approval of the Deputy Secretary of Defense before committing to make a waiver in an agreement or a contract.
  • To request a waiver under a cooperative project, follow the procedures at PGI 225.871-4.

Key terms: statutory waivers · Deputy Secretary of Defense · Arms Export Control Act · cargo preference laws · cooperative project

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

The text

(a) For contracts or subcontracts placed outside the United States, the Deputy Secretary of Defense may waive any provision of law that specifically prescribes—

(1) Procedures for the formation of contracts;

(2) Terms and conditions for inclusion in contracts;

(3) Requirements or preferences for—

(i) Goods grown, produced, or manufactured in the United States or in U.S. Government-owned facilities; or

(ii) Services to be performed in the United States; or

(4) Requirements regulating the performance of contracts.

(b) There is no authority for waiver of—

(1) Any provision of the Arms Export Control Act (22 U.S.C. 2751);

(2) Any provision of 10 U.S.C. 3201-3205;

(3) The cargo preference laws of the United States, including the Military Cargo Preference Act of 1904 (10 U.S.C. 2631) and the Cargo Preference Act of 1954 (46 U.S.C. 1241(b)); or

(4) Any of the financial management responsibilities administered by the Secretary of the Treasury.

(c) To request a waiver under a cooperative project, follow the procedures at PGI 225.871-4.

(d) Obtain the approval of the Deputy Secretary of Defense before committing to make a waiver in an agreement or a contract.

Sections that refer to it

← 225.871-3 General. · 225.871-5 Directed subcontracting. →

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 225.871-4 Statutory waivers · SpendQuery