FAR 22.604—Exemptions.

Statutory exemptions.

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.

Regulatory exemptions.

FAR 22.604-2 explains when contracts are exempt from the statutory labor standards incorporated under this part, and how agencies can seek additional exemptions. It covers four categories of acquisitions that are fully exempt by rule: public utility services, supplies manufactured outside the United States and certain territories, purchases made against a defaulting contractor’s account when the required stipulations were not in the defaulted contract, and newspapers, magazines, or periodicals ordered through sales agents or publisher representatives for delivery by the publishers. It also describes the process for obtaining a discretionary exemption from the Secretary of Labor for a specific contract or class of contracts when the agency head finds that Government business would be seriously impaired without the exemption. The section further distinguishes where exemption requests must be sent depending on whether the request concerns safety and health standards or other labor standards. In practice, this provision matters because it tells contracting officers and agencies when the statute does not apply automatically, when they must document a serious-impairment justification, and which Department of Labor office must receive the request.