DFARS 225.770-5 Waiver of prohibition

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 225.770-5
Type
Subsection
Supplements
FAR Subpart 25.7 Prohibited Sources
Last amended
89 FR 60830 Effective Jul 29, 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 prohibition in 225.770-2 may be waived, on a case-by-case basis, if an official identified in paragraph (b) of this subsection determines that a waiver is necessary for national security purposes.

(b) The following officials are authorized, without power of delegation, to make the determination specified in paragraph (a) of this subsection:

(1) The Under Secretary of Defense (Acquisition and Sustainment).

(2) The Secretaries of the military departments.

(3) The Component Acquisition Executive of the Defense Logistics Agency.

(c)

(1) The official granting a waiver shall submit a report to the congressional defense committees, with a copy to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy (see PGI 225.770-5 ), not less than 15 days before issuing the waiver.

(2) In the report, the official shall—

(i) Identify the specific reasons for the waiver; and

(ii) Include recommendations as to what actions may be taken to develop alternative sourcing capabilities in the future.

Federal Register history

Sections cited

Quick answers

What is DFARS 225.770-5?

DFARS 225.770-5 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Waiver of prohibition".

When was DFARS 225.770-5 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement; Technical Amendments" (89 FR 60830), published Jul 29, 2024 and effective Jul 29, 2024.

Are changes to DFARS 225.770-5 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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