DFARS 206.302-5 Authorized or required by statute
Subsection Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 206.302-5
- Type
- Subsection
- Supplements
- FAR 6.302-5 Authorized or required by statute
- Last amended
- 89 FR 82183 Effective Nov 25, 2024
- Text as of
- DFARS Change May 7, 2026
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.
Text
(b) Application. Agencies may use this authority to—
(i) Acquire supplies and services from military exchange stores outside the United States for use by the armed forces outside the United States in accordance with 10 U.S.C. 2424(a) and subject to the limitations of 10 U.S.C. 2424(b). The limitations of 10 U.S.C. 2424(b)(1) and (2) do not apply to the purchase of soft drinks that are manufactured in the United States. For the purposes of 10 U.S.C. 2424, soft drinks manufactured in the United States are brand name carbonated sodas, manufactured in the United States, as evidenced by product markings.
(ii) Acquire police, fire protection, airfield operation, or other community services from local governments at military installations to be closed under the circumstances in 237.7401 (section 2907 of Fiscal Year 1994 Defense Authorization Act (Pub. L. 103-160)).
Acquire products and services under the Pilot Program to Incentivize Contracting with Employee-Owned Businesses (see subpart 270.1).
(c) Limitations. (i) 10 U.S.C. 4141 precludes use of this exception for awards to colleges or universities for the performance of research and development, or for the construction of any research or other facility, unless—
(A) The statute authorizing or requiring award specifically—
(1) ) States that the statute modifies or supersedes the provisions of 10 U.S.C. 4141;
(2) Identifies the particular college or university involved; and
(3) States that award is being made in contravention of 10 U.S.C. 4141(a); and
(B) The Secretary of Defense provides Congress written notice of intent to award. The contract cannot be awarded until 180 days have elapsed since the date Congress received the notice of intent to award. Contracting activities must submit a draft notice of intent with supporting documentation through channels to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy, Office of the Under Secretary of Defense (Acquisition and Sustainment).
(ii) The limitation in paragraph (c)(i) of this section applies only if the statute authorizing or requiring award was enacted after September 30, 1989.
(iii) Subsequent statutes may provide different or additional constraints on the award of contracts to specified colleges and universities. Contracting officers should consult legal counsel on a case-by-case basis.
Federal Register history
Quick answers
What is DFARS 206.302-5?
DFARS 206.302-5 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Authorized or required by statute".
When was DFARS 206.302-5 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Pilot Program To Incentivize Contracting With Employee-Owned Businesses (DFARS Case 2024-D004)" (89 FR 82183), published Oct 10, 2024 and effective Nov 25, 2024.
Are changes to DFARS 206.302-5 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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