DFARS 222.7404 Waiver
Section Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 222.7404
- Type
- Section
- Supplements
- FAR Part 22 Application of Labor Laws to Government Acquisitions
- Last amended
- 75 FR 76295 Effective Dec 8, 2010
- 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 section.
Text
(a) The Secretary of Defense may waive, in accordance with paragraphs (b) through (d) of this section, the applicability of paragraphs (a) or (b) of 222.7402 , to a particular contract or subcontract, if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm.
(b) The waiver determination shall set forth the grounds for the waiver with specificity, stating any alternatives considered, and explain why each of the alternatives would not avoid harm to national security interests.
(c) The contracting officer shall submit requests for waivers in accordance with agency procedures and PGI 222.7404 (c).
(d) The Secretary of Defense will transmit the determination to Congress and simultaneously publish it in the Federal Register, not less than 15 business days before the contract or subcontract addressed in the determination may be awarded.
Federal Register history
Sections cited
- DFARS 222.7402 Policy
- PGI 222.7404(c) Waiver
Quick answers
What is DFARS 222.7404?
DFARS 222.7404 is a section of the Defense Federal Acquisition Regulation Supplement, titled "Waiver".
When was DFARS 222.7404 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement; Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2010-D004)" (75 FR 76295), published Dec 8, 2010 and effective Dec 8, 2010.
Are changes to DFARS 222.7404 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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