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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39 sections with “public interest exception”

  • DFARS 225.103 Exceptions.
    (a)(i)(A) Public interest exceptions for certain countries are in 225.872. (B) For procurements covered by the World Trade Organization Government Procurement Agreement, the Under Secretary of Defense (Acquisition and Sustainment) has dete…
  • FAR 25.202 Exceptions.
    … to the restrictions of the Buy American statute: (1) Impracticable or inconsistent with public interest. The head of the agency may determine that application of the restrictions of the Buy American statute to a particular construction ma…
  • FAR 52.203-16 Preventing Personal Conflicts of Interest.
    …ere is no employer to whom such an individual could submit the required disclosures. Non-public information means any Government or third-party information that— (1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C.…
  • FAR 16.505 Ordering.
    …ion at 2.101 of “consolidation” or “bundling”. (9) In accordance with section 1427(b) of Public Law 108-136 (40 U.S.C. 1103 note), orders placed under multi-agency contracts for services that substantially or to a dominant extent specify p…
  • DFARS 223.7104 Exceptions.
    …inistration. (3) The temporary storage or disposal of explosives in order to protect the public or to assist agencies responsible for Federal, State, or local law enforcement in storing or disposing of explosives when no alternative soluti…
  • DFARS 225.401 Exceptions.
    …sition; or (3) Competition from foreign sources is restricted under subpart 225.71. (B) Public interest exceptions for certain countries when acquiring products or services in support of operations in Afghanistan are in 225.7704-1.
  • FAR 2.101 Definitions.
    …ncluding any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office. Claim means a written demand or written assertion by one of the contracti…
  • FAR 5.205 Special situations.
    …competition. Advance notices must not be used where security considerations prohibit such publication. Advance notices will enable potential sources to learn of R&D programs and provide these sources with an opportunity to submit informatio…
  • FAR 22.1003-4 Administrative limitations, variations, tolerances, and exemptions.
    …ed that the limitation, variation, tolerance, or exemption is necessary and proper in the public interest or to avoid the serious impairment of Government business, and is in accord with the remedial purpose of the Service Contract Labor St…
  • FAR 25.103 Exceptions.
    … foreign end product without regard to the restrictions of the Buy American statute: (a) Public interest. The head of the agency may make a determination that domestic preference would be inconsistent with the public interest. This excepti…
  • FAR 25.603 Exceptions.
    …construction material is unreasonable in accordance with 25.605. (iii) Inconsistent with public interest. The head of the agency may determine that application of the restrictions of section 1605 of the Recovery Act to a particular manufac…
  • FAR 27.302 Policy.
    … unduly encumbering future research and discovery; (4) Promote the commercialization and public availability of the inventions made in the United States by United States industry and labor; (5) Ensure that the Government obtains sufficien…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    …h is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management an…
  • FAR 52.225-11 Buy American—Construction Materials Under Trade Agreements.
    …, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or …
  • FAR 52.225-23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials Under Trade Agreements.
    …, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or …
  • DFARS 225.7003-3 Exceptions.
    …termination; (2) May consider other relevant information that cannot be made part of the public record consistent with the protection of national security information and confidential business information; and (3) Will ensure that any suc…
  • FAR 27.304-1 General.
    …he contracting officer determines that the interests of the United States and the general public will be better served. In making these determinations, the contracting officer shall consider at least the following objectives (see 37 CFR 401…
  • FAR 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials.
    …, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or …
  • FAR 8.405-3 Blanket purchase agreements (BPAs).
    …rforming the work at a reasonable price to the Government; 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 g…
  • FAR 8.405-6 Limiting sources.
    …necessary to protect the proprietary data, before making the justifications available for public inspection. Contracting officers shall also be guided by the exemptions to disclosure of information contained in the Freedom of Information Ac…
  • FAR 42.1503 Procedures.
    …rmance, but does not constitute a “past performance review,” which would be exempted from public availability in accordance with section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212). Therefore, all such information po…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …es not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the Offeror included indirect costs in establishing su…
  • FAR 52.225-9 Buy American—Construction Materials.
    …, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or …
  • DFARS 228.370-2 General.
    …earch tool is available at https://av-info.faa.gov/repairstation.asp. All aircraft flying public aircraft operations operate under airworthiness certificates maintained by the military services. The FAA airworthiness certificate in the exce…
  • DFARS 228.371 Additional clauses.
    …n Spain, unless the contractor is a Spanish concern. (f) Use the clause at 252.228-7007, Public Aircraft and State Aircraft Operations—Liability, in solicitations and contracts that do not include the clause at 252.228-7001 but involve pub…
  • DFARS 242.002 Interagency agreements.
    …formed for the Canadian Department of National Defence and pricing services performed for Public Works and Government Services Canada (PWGSC), operating as Public Services and Procurment Canada (PSPC). (ii) Departments and agencies may req…
  • FAR 5.102 Availability of solicitations.
    …office, to publishers, trade associations, information services, and other members of the public having a legitimate interest (for construction, see 36.211); and (iii) Retain a copy of the solicitation and other documents for review by and…
  • FAR 6.303-2 Content.
    …om as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies. (7) A determination by the contracting officer that the antic…
  • FAR 16.504 Indefinite-quantity contracts.
    …forming the work at a reasonable price to the Government; or (iv) 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 …
  • FAR 25.1101 Acquisition of supplies.
    …nited States and an exception to the Buy American statute applies (e.g., nonavailability, public interest, or information technology that is a commercial product); or (C) The acquisition is for supplies for use outside the United States. …
  • FAR 31.205-6 Compensation for personal services.
    …41 U.S.C. 4304(a)(16), as in effect on or after June 24, 2014, pursuant to section 702 of Public Law 113-67. This limitation is the sole statutory limitation on allowable employee compensation costs incurred on or after June 24, 2014, under…
  • FAR 36.104 Policy.
    …3241 or 41 U.S.C. 3309 when entering into a contract for the design and construction of a public building, facility, or work, if the contracting officer makes a determination that the procedures are appropriate for use (see subpart 36.3). O…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unus…
  • FAR 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
    …control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unus…
  • FAR 52.245-1 Government Property.
    …71.20 (41 CFR 102-71.20). Sensitive property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountab…
  • DFARS 225.872-4 Individual determinations.
    …rom the Buy American statute and the Balance of Payments Program as inconsistent with the public interest, unless another exception such as the Trade Agreements Act applies. Follow the procedures at PGI 225.872-4.
  • DFARS 225.1101 Acquisition of supplies.
    …ted States and an exception to the Buy American statute applies, e.g., nonavailability or public interest (see FAR 25.103 and 225.103); (D) The acquisition is for supplies for use outside the United States and an exception to the Balance o…
  • DFARS 252.215-7008 Only One Offer.
    …provide the following: (1) Profit rate or fee (as applicable). (2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysi…
  • DFARS 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.
    … Definitions. As used in this clause— Covered foreign country means— (1) The People's Republic of China; (2) North Korea; (3) The Russian Federation; or (4) Any country that is a state sponsor of terrorism. (10 U.S.C. 2279) Foreign en…

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.