FAR and DFARS › FAR Part 3: Improper Business Practices and Personal Conflicts of Interest › Subpart 3.8

FAR 3.805 Exemption.

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 Secretary of Defense to exempt a covered Federal action from the prohibitions in this subpart on a case-by-case basis. The Secretary must determine in writing that the exemption is in the national interest and must send a copy of the exemption to Congress immediately after making that determination.

Applies to: The Secretary of Defense and covered Federal actions

What it requires

  • Determine in writing that the exemption is in the national interest
  • Transmit a copy of the exemption to Congress immediately after making the determination

Key terms: Secretary of Defense · covered Federal action · exemption · national interest · Congress

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

The text

The Secretary of Defense may exempt, on a case-by-case basis, a covered Federal action from the prohibitions of this subpart whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of the exemption to Congress immediately after making the determination.

← 3.804 Policy. · 3.806 Processing suspected violations. →

Rule changes for FAR Part 3

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

FAR 3.805 Exemption · SpendQuery