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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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23 sections with “exceptional circumstances”

  • FAR 27.303 Contract clauses.
    …ause with its Alternate V. Since this provision is considered an exercise of an agency's “exceptional circumstances” authority, the contracting officer must comply with 37 CFR 401.3(e) and 401.4. (c) Insert a patent rights clause in accord…
  • FAR 30.201-5 Waiver.
    …acts or subcontracts that are subject to CAS. (2) The head of the agency determines that exceptional circumstances exist whereby a waiver of CAS is necessary to meet the needs of the agency. Exceptional circumstances exist only when the be…
  • FAR 6.302-2 Unusual and compelling urgency.
    …not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply. This determination must be documented in the contract file. (2)(i) Any subsequent modification using this authority,…
  • FAR 27.302 Policy.
    …ates or is subject to the control of a foreign government (see 27.303(e)(1)(i)); (ii) In exceptional circumstances, when an agency determines that restriction or elimination of the right to retain title in any subject invention will better…
  • DFARS 215.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    …ers. (A) The head of the contracting activity may, without power of delegation, apply the exceptional circumstances authority when a determination is made that— (1) The property or services cannot reasonably be obtained under the contract,…
  • FAR 3.1104 Mitigation or waiver.
    (a) In exceptional circumstances, if the contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of the clause at 52.203-16, Preventing Personal Conflicts of Interest, the contractor may s…
  • FAR 8.405-3 Blanket purchase agreements (BPAs).
    …t; or (D) It is necessary in the public interest to award the BPA to a single source for exceptional circumstances. (iii) The requirement for a determination for a single-award BPA greater than $150 million is in addition to any applicabl…
  • FAR 15.403-4 Requiring certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    …eptions in 15.403-1(b) applies. However, if the contracting officer has reason to believe exceptional circumstances exist and has sufficient data available to determine a fair and reasonable price, then the contracting officer should consid…
  • FAR 16.504 Indefinite-quantity contracts.
    …v) It is necessary in the public interest to award the contract to a single source due to exceptional circumstances. (2) The head of the agency must notify Congress within 30 days after any determination under paragraph (c)(1)(ii)(D)(1)(iv…
  • FAR 27.304-2 Contracts placed by or for other Government agencies.
    …e requesting agency is required (e.g., because of statutory requirements, a deviation, or exceptional circumstances), the awarding agency shall use that clause rather than those of this subpart. (1) If the request states that an agency cla…
  • FAR 32.403 Applicability.
    … advance payments appropriate often occur (but see 32.104(b)). (h) Contracts under which exceptional circumstances make advance payments the most advantageous contract financing method for both the Government and the contractor.
  • FAR 42.705-1 Contracting officer determination procedure.
    …s fiscal years. The contracting officer may grant, in writing, reasonable extensions, for exceptional circumstances only, when requested in writing by the contractor. (iii) Upon receipt of the proposal— (A) The cognizant auditor will revi…
  • FAR 44.305-2 Notification.
    …ontract Schedule; and (iv) May be withdrawn at any time at the ACO's discretion. (b) In exceptional circumstances, consent to certain subcontracts or classes of subcontracts may be required even though the contractor's purchasing system h…
  • FAR 52.203-16 Preventing Personal Conflicts of Interest.
    …to comply with the terms of a non-disclosure agreement. (c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this …
  • FAR 52.216-7 Allowable Cost and Payment.
    …h period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall …
  • FAR 52.216-15 Predetermined Indirect Cost Rates.
    …h period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall …
  • DFARS 217.172 Multiyear contracts for supplies.
    …the conditions of such certification are not met if the Secretary determines that, due to exceptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department of Defense and the Secret…
  • DFARS 217.204 Contracts.
    …d (C) Shall not exceed 10 years unless the head of the agency determines in writing that exceptional circumstances require a longer ordering period. (ii) Paragraph (e)(i) of this section does not apply to the following: (A) Contracts, in…
  • DFARS 232.611 Contract clause.
    …inment), may exempt the contracts in FAR 32.611(a)(2) through (5) and other contracts, in exceptional circumstances, from the administrative interest charges required by this subpart. (7) Other exceptions are— (A) Contracts for instructio…
  • FAR 15.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    … of delegation, waive the requirement for submission of certified cost or pricing data in exceptional cases. The authorization for the waiver and the supporting rationale shall be in writing. The HCA may consider waiving the requirement if …
  • FAR 15.404-1 Proposal analysis techniques.
    …t realism analyses may also be used on competitive fixed-price incentive contracts or, in exceptional cases, on other competitive fixed-price-type contracts when new requirements may not be fully understood by competing offerors, there are …
  • FAR 32.303 General.
    …han 100 percent of the loan unless the agency determines that— (1) The circumstances are exceptional; (2) The operations of the contractor are vital to the national defense; and (3) No other suitable means of financing are available. (c…
  • FAR 52.245-1 Government Property.
    … the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radio…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.