DFARS 215.371-4 Exceptions
Subsection Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 215.371-4
- Type
- Subsection
- Supplements
- FAR Subpart 15.3 Source Selection
- Last amended
- 89 FR 90233 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
(a) The requirements at 215.371-2 do not apply to -
(1) Acquisitions at or below the simplified acquisition threshold;
(2) Acquisitions, as determined by the head of the contracting activity, in support of contingency or humanitarian or peacekeeping operations; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster;
(3) Small business set-asides under FAR subpart 19.5, set asides offered and accepted into the 8(a) Program under FAR subpart 19.8, or set asides under the HUBZone Program (see FAR 19.1305(c)), the Service-Disabled Veteran-Owned Small Business Procurement Program (see FAR 19.1405(c)), or the Women-Owned Small Business Program (see FAR 19.1505(d));
(4) Acquisitions of science and technology, as specified in 235.016(a); or
(5) Acquisitions of architect-engineer services (see FAR 36.601-2); or
(6) Acquisitions under a commercial solutions opening pursuant to subpart 212.70.
(7) Acquisitions of commercial products and commercial services using FAR part 12 procedures.
(b) The applicability of an exception in paragraph (a) of this section does not eliminate the need for the contracting officer to seek maximum practicable competition and to ensure that the price is fair and reasonable.
Federal Register history
Sections cited
- DFARS 215.371-2 Promote competition
- FAR Subpart 19.5 Small Business Total Set-Asides, Partial Set-Asides, and Reserves
- FAR Subpart 19.8 Contracting with the Small Business Administration (The 8(a) Program)
- FAR 19.1305(c) HUBZone set-aside procedures
- FAR 19.1405(c) Set-aside procedures
- FAR 19.1505(d) Set-aside procedures
- DFARS 235.016(a) Broad agency announcement
- DFARS Subpart 212.70 Defense Commercial Solutions Opening
- FAR Part 12 Acquisition of Commercial Products and Commercial Services
Quick answers
What is DFARS 215.371-4?
DFARS 215.371-4 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Exceptions".
When was DFARS 215.371-4 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Inapplicability of Additional Defense-Unique Laws and Certain Non-Statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074)" (89 FR 90233), published Nov 15, 2024 and effective Nov 25, 2024.
Are changes to DFARS 215.371-4 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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