FAR 22.604-1—Statutory exemptions.
Plain-English Summary
FAR 22.604-1 identifies the categories of supplies that are exempt from the statutory labor standards framework addressed in this subpart, so contracting officers know when those requirements do not apply. It covers four main exemption groups: items that may be purchased "in the open market" under express statutory authority, including commercial products and commercial services under FAR part 12; specific purchases made under the public exigency exception in FAR 6.302-2 when immediate delivery is required; perishables such as dairy, livestock, and nursery products; agricultural or farm products processed for first sale by the original producers; and agricultural commodities or products purchased by the Secretary of Agriculture under contract. In practice, this section matters because it tells the acquisition team when the statute does not reach a supply purchase, which can affect solicitation clauses, wage determinations, competition strategy, and documentation. It is not a general waiver for convenience; the exemption must fit one of the listed categories and the contracting officer should be able to support that determination in the file. The section is especially important in food, agricultural, emergency, and commercial-item buys where the statutory coverage may otherwise be assumed.
Key Rules
Open-market authority exemption
Supplies are exempt when the contracting officer is expressly authorized by statute to buy them "in the open market" generally. This includes commercial products and commercial services acquired under FAR part 12, but only when the statutory authority actually applies to the purchase.
Public exigency purchases
A specific purchase made under the public exigency conditions in FAR 6.302-2 is exempt if immediate delivery is required. The exemption is tied to the emergency nature of the acquisition, not simply to a desire for faster performance.
Perishable supplies excluded
Perishables are exempt, including dairy, livestock, and nursery products. The rule recognizes that these items have time-sensitive characteristics that make the statutory framework inapplicable.
First-sale farm products exempt
Agricultural or farm products processed for first sale by the original producers are exempt. The key point is that the processing must be for the original producer’s first sale, not later resale or downstream processing.
Agriculture Secretary purchases exempt
Agricultural commodities or products purchased under contract by the Secretary of Agriculture are exempt. This exemption is specific to those USDA purchases and does not automatically extend to other agencies or similar commodities bought under different authority.
Responsibilities
Contracting Officer
Determine whether the contemplated supply purchase fits one of the listed statutory exemptions before applying the subpart’s requirements. Document the basis for the exemption, including the statutory authority, the nature of the supplies, and, for exigency buys, the facts showing immediate delivery was required.
Agency/Program Office
Provide accurate acquisition requirements and factual support showing whether the supplies are commercial, perishable, agricultural, or needed under emergency conditions. Ensure the requirement description matches the exemption being claimed.
Contractor
Understand that exemption status may affect solicitation terms and compliance obligations, but do not assume an exemption applies unless the solicitation or contract states it. Provide truthful product and origin information when needed to support the contracting officer’s determination.
Secretary of Agriculture / USDA acquisition officials
Apply the exemption when purchasing agricultural commodities or products under contract within the scope of the statute. Ensure the procurement record reflects that the purchase falls within the specific USDA authority referenced by the rule.
Practical Implications
This section is a threshold check: if a supply purchase fits one of these categories, the statutory requirements in the subpart do not apply, which can change the clauses and administration of the contract.
The most common mistake is assuming that all commercial items or all emergency buys are exempt; the exemption depends on the actual statutory authority and the specific facts of the acquisition.
For perishables and agricultural products, the contracting officer should verify the product category and, where relevant, whether the item is processed for first sale by the original producer.
Emergency/public exigency buys need strong file support because the exemption turns on immediate delivery being required, not merely preferred.
Contractors should watch for solicitation language that references labor standards or related statutory coverage and confirm whether the government has actually invoked one of these exemptions before relying on it.
Official Regulatory Text
Contracts for acquisition of the following supplies are exempt from the statute: (a) Any item in those situations where the contracting officer is authorized by the express language of a statute to purchase "in the open market" generally (such as commercial products and commercial services, see part 12 ); or where a specific purchase is made under the conditions described in 6.302-2 in circumstances where immediate delivery is required by the public exigency. (b) Perishables, including dairy, livestock, and nursery products. (c) Agricultural or farm products processed for first sale by the original producers. (d) Agricultural commodities or the products thereof purchased under contract by the Secretary of Agriculture.