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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 48 - Federal Acquisition Regulations System |
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Chapter 2 - Defense Acquisition Regulations System, Department of Defense |
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SubChapter D - Socioeconomic Programs |
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Part 225 - Foreign Acquisition |
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Subpart 225.4 - Trade Agreements |
§ 225.401 - Exceptions.
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225.401 Exceptions.
(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]