§ 225.401 - Exceptions.

225.401 Exceptions.

Cross Reference

Link to an amendment published at 88 FR 73236, Oct. 25, 2023.

(a)(2)(A) If a department or agency considers an individual acquisition of a product to be indispensable for national security or national defense purposes and appropriate for exclusion from the provisions of FAR subpart 25.4, it may submit a request with supporting rationale to the Principal Director, Defense Pricing and Contracting (DPC), Office of Defense Procurement and Acquisition Policy the Under Secretary of Defense (Acquisition and Sustainment) (OUSD(ATA&LS)DPAPDPC). Approval by OUSD(ATA&LS)DPAP DPC is not required if—

(1) Purchase from foreign sources is restricted by statute (see subpart 225.70);

(2) Another exception in FAR 25.401 applies to the acquisition; 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.

[75 FR 81916, Dec. 29, 2010, as amended at 88 FR 73236, Oct. 25, 2023]