DFARS 230.201-5 Waiver

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 230.201-5
Type
Subsection
Supplements
FAR 30.201-5 Waiver
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)

(1)

(A) The military departments and the Principal Director, Defense Pricing, Contracting, and Acquisition Policy (DPCAP), Office of the Under Secretary of Defense (Acquisition and Sustainment)—

(1) May grant CAS waivers that meet the conditions in FAR 30.201-5(b)(1); and

(2) May grant CAS waivers that meet the conditions in FAR 30.201-5(b)(2), provided the cognizant Federal agency official granting the waiver determines that—

(i) The property or services cannot reasonably be obtained under the contract, subcontract, or modification, as applicable, without granting the waiver;

(ii) The price can be determined to be fair and reasonable without the application of the Cost Accounting Standards; and

(iii) There are demonstrated benefits to granting the waiver.

(B) Follow the procedures at PGI 230.201-5 (a)(1) for submitting waiver requests to the Principal Director, DPCAP.

(2) The military departments shall not delegate CAS waiver authority below the individual responsible for issuing contracting policy for the department.

(e) By November 30th of each year, the military departments shall provide a report to the Office of the Principal Director, DPCAP (Contract Policy) of all waivers granted under FAR 30.201-5(a), during the previous fiscal year, for any contract, subcontract, or modification expected to have a value of $15 million or more. See PGI 230.201-5 (e) for format and guidance for the report. The Principal Director, DPCAP, will submit a consolidated report to the CAS Board and the congressional defense committees.

Federal Register history

Final rule Published Effective
Defense Federal Acquisition Regulation Supplement; Technical Amendments 89 FR 60830 · Docket DARS-2024-0001
Defense Federal Acquisition Regulation Supplement; Technical Amendments 88 FR 73234 · Docket DARS-2023-0001
Defense Federal Acquisition Regulation Supplement; Technical Amendments 77 FR 52253
Defense Federal Acquisition Regulation Supplement; Contract Pricing and Cost Accounting Standards 71 FR 69492 · DFARS Case 2003-D014

Sections cited

Quick answers

What is DFARS 230.201-5?

DFARS 230.201-5 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Waiver".

When was DFARS 230.201-5 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 230.201-5 proposed?

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

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