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PGI 225.871-4: Statutory waivers.

PGI › Part 225 › PGI 225.871-4

This PGI section supplements: DFARS 225.871-4 · FAR 25.871-4
The corresponding FAR Part 25 and DFARS Part 225 have been overhauled under the RFO. PGI replacement text is provided in the RFO deviation attachment. View FAR Part 25

Current Content

(a) For contracts or subcontracts placed outside the United States, the Deputy Secretary of Defense may waive any provision of law that specifically prescribes—

(1) Procedures for the formation of contracts;

(2) Terms and conditions for inclusion in contracts;

(3) Requirements or preferences for—

(i) Goods grown, produced, or manufactured in the United States or in U.S. Government-owned facilities; or

(ii) Services to be performed in the United States; or

(4) Requirements regulating the performance of contracts.

(b) There is no authority for waiver of—

(1) Any provision of the Arms Export Control Act (22 U.S.C. 2751);

(2) Any provision of 10 U.S.C. 3201-3205;

(3) The cargo preference laws of the United States, including the Military Cargo Preference Act of 1904 (10 U.S.C. 2631) and the Cargo Preference Act of 1954 (46 U.S.C. 1241(b)); or

(4) Any of the financial management responsibilities administered by the Secretary of the Treasury.

(c) To request a waiver under a cooperative project, follow the procedures at PGI 225.871-4 .

(d) Obtain the approval of the Deputy Secretary of Defense before committing to make a waiver in an agreement or a contract.

Change History

Detected Type Summary
detected 2026-04-17 [PGI] PGI_MODIFIED PGI 225.871-4 updated: 14 lines added, 1 lines removed
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-Forward any request for waiver under a cooperative project to the Deputy Secretary of Defense, through the Principal Director, Defense Pricing, Contracting, and Acquisition Policy. The waiver request shall include a draft Determination and Findings for signature by the Deputy Secretary of Defense establishing that the waiver is necessary to significantly further NATO standardization, rationalization, and interoperability.+(a) For contracts or subcontracts placed outside the United States, the Deputy Secretary of Defense may waive any provision of law that specifically prescribes--
+(1) Procedures for the formation of contracts;
+(2) Terms and conditions for inclusion in contracts;
+(3) Requirements or preferences for--
+(i) Goods grown, produced, or manufactured in the United States or in U.S. Government-owned facilities; or
+(ii) Services to be performed in the United States; or
+(4) Requirements regulating the performance of contracts.
+(b) There is no authority for waiver of--
+(1) Any provision of the Arms Export Control Act (22 U.S.C. 2751);
+(2) Any provision of 10 U.S.C. 3201-3205;
+(3) The cargo preference laws of the United States, including the Military Cargo Preference Act of 1904 (10 U.S.C. 2631) and the Cargo Preference Act of 1954 (46 U.S.C. 1241(b)); or
+(4) Any of the financial management responsibilities administered by the Secretary of the Treasury.
+(c) To request a waiver under a cooperative project, follow the procedures at PGI 225.871-4 .
+(d) Obtain the approval of the Deputy Secretary of Defense before committing to make a waiver in an agreement or a contract.
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