DFARS 225.401 — Exceptions
Regulatory text. Not legal advice.
(a)(2)(A) If a department or agency considers an individual acquisition of a product to be indispensable for national security or national defense purposes and appropriate for exclusion from the provisions of FAR Subpart 25.4, it may submit a request with supporting rationale to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy (DPCAP), Office of the Under Secretary of Defense (Acquisition and Sustainment) (OUSD(A&S)DPCAP). Approval by OUSD(A&S)DPCAP is not required if—
(1) Purchase from foreign sources is restricted by statute (see DFARS Subpart 225.70);
(2) Another exception in FAR 25.401 applies to the acquisition; or
(3) Competition from foreign sources is restricted under subpart 225.71.
(B) Public interest exceptions for certain countries when acquiring products or services in support of operations in Afghanistan are in DFARS 225.7704-1.
Citation history: [75 FR 81916, Dec. 29, 2010, as amended at 88 FR 73236, Oct. 25, 2023; 89 FR 60831, July 29, 2024]
Source: eCFR • Pulled 2026-04-16