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FAR and DFARS › DFARS Part 239: Acquisition of Information Technology › Subpart 239.73

DFARS 239.7305 Exclusion and limitation on disclosure.

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 authorized DoD officials take certain actions when buying information technology that is, is part of, or supports a covered system, in order to reduce supply chain risk. They may exclude a source that fails qualification standards or gets an unacceptable rating on a supply chain risk evaluation factor, and may block or direct subcontracting with a particular source. They may also limit disclosure of the basis for these actions, and when they do, the actions cannot be challenged in a bid protest before the GAO or in Federal court.

Applies to: Authorized individuals procuring information technology that is, is part of, or supports a covered system

What it requires

  • Notify appropriate parties of action taken and its basis only to the extent necessary to effectuate the action
  • Notify other DoD components or Federal agencies responsible for procurements that may face the same or similar supply chain risk, consistent with national security
  • Ensure the confidentiality of any such notifications

Key terms: covered system · supply chain risk · qualification standards · bid protest · subcontract

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

The text

Subject to 239.7304, the individuals authorized in 239.7303 may, in the course of procuring information technology, whether as a service or as a supply, that is a covered system, is a part of a covered system, or is in support of a covered system—

(a) Exclude a source that fails to meet qualification standards established in accordance with the requirements of 10 U.S.C. 3243, for the purpose of reducing supply chain risk in the acquisition of covered systems;

(b) Exclude a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order;

(c) Withhold consent for a contractor to subcontract with a particular source or direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract; and

(d) Limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out any of the actions authorized by paragraphs (a) through (c) of this section, and if such disclosures are so limited—

(1) No action undertaken by the individual authorized under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and

(2) The authorized individual shall—

(i) Notify appropriate parties of action taken under paragraphs (a) through (d) of this section and the basis for such action only to the extent necessary to effectuate the action;

(ii) Notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and

(iii) Ensure the confidentiality of any such notifications.

Sections it refers to

Sections that refer to it

← 239.7304 Determination and notification. · 239.7306 Solicitation provision and contract clause. →

Rule changes for DFARS Part 239

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 239.7305 Exclusion and limitation on disclosure · SpendQuery