FAR 4.2305—Waivers.
Plain-English Summary
FAR 4.2305 explains how an executive agency can seek a waiver from a Federal Acquisition Supply Chain Security Act (FASCSA) order, either for the agency as a whole, for specific actions or classes of acquisitions, for a temporary period before compliance is practicable, or for other identified activities. It also tells agencies how to submit the waiver request, what information the request must contain, and who within the acquisition process must decide whether to pursue a waiver or instead make award to an offeror that does not trigger the order. In practice, this section is the formal exception process for situations where a FASCSA order would otherwise block or restrict an acquisition, but the agency believes mission needs, national interest, or other compelling reasons justify relief. It matters because a waiver is not automatic: the agency must build a written, well-supported case and obtain written approval from the issuing official before award can proceed if the waiver path is chosen. The section therefore connects supply chain security enforcement with mission continuity and acquisition planning, ensuring agencies can seek relief while still documenting risk and mitigation.
Key Rules
Waiver scope is flexible
An agency may ask that a FASCSA order not apply to the agency, to specific actions, to a class of acquisitions, to a temporary pre-compliance period, or to other identified activities. This means the waiver can be broad or narrowly tailored, depending on the operational need.
Submit waiver in writing
The waiver request must be submitted in writing by the executive agency to the official that issued the order, unless the order itself gives different submission instructions. Agencies should follow any order-specific process exactly.
Request must be fully supported
The waiver request must identify the order, describe the exception sought, identify the covered article or affected product or service, and provide a compelling justification. The justification may include mission impact or national interest considerations such as national security reviews, investigations, or agreements.
Mitigations should be included
The agency must describe any alternative mitigations it will use to reduce the risks addressed by the FASCSA order. The waiver process is not just about asking for relief; it is also about showing how the agency will manage the underlying supply chain risk.
Issuing official may request more
The request must include any other information the issuing official asks for. Agencies should be prepared to supplement the record quickly if the official needs additional facts to evaluate the waiver.
CO must choose the acquisition path
The contracting officer, following agency procedures and working with the program office or requiring activity, must decide whether to pursue a waiver or instead make award to an offeror that does not require a waiver under 4.2304(f). The CO cannot proceed with award on the waiver path until written approval shows the waiver has been granted.
Responsibilities
Executive Agency
Determine whether a waiver is needed, prepare the written request, and submit it to the issuing official unless the applicable FASCSA order provides different instructions. The agency must ensure the request is specific, justified, and includes proposed mitigations.
Contracting Officer
Work with the program office or requiring activity and follow agency procedures to decide whether to pursue a waiver or award to an offeror that does not require one. If pursuing a waiver, the contracting officer must not make award until written approval confirms the waiver has been granted.
Program Office / Requiring Activity
Support the contracting officer in assessing mission impact, operational need, and alternatives, and help develop the justification and mitigation strategy for the waiver request.
Issuing Official
Review and evaluate the waiver request, consider the scope of relief sought, the justification, and the proposed mitigations, and issue written approval or denial consistent with the applicable FASCSA order and any governing procedures.
Practical Implications
Agencies should identify waiver issues early, because a waiver request can delay award if the acquisition depends on a covered article or source subject to the order.
The justification must be concrete and mission-based; vague statements about inconvenience or preference are unlikely to be enough.
Contracting officers should compare the waiver path against alternative sources that do not trigger the order, since the regulation requires a decision between pursuing a waiver and making award to a compliant offeror.
Mitigation planning matters. A waiver request that explains how the agency will reduce risk is more credible and easier for the issuing official to evaluate.
No award should be made on the waiver path until written approval is in hand, so documentation control and timing are critical to avoid an unauthorized or premature award.
Official Regulatory Text
(a) An executive agency required to comply with a FASCSA order may submit a request that the order or some of its provisions not apply to— (1) The agency; (2) Specific actions of the agency or a specific class of acquisitions; (3) Actions of the agency for a period of time before compliance with the order is practicable; or (4) Other activities, as appropriate, that the requesting agency identifies. (b) A request for waiver shall be submitted by the executive agency in writing to the official that issued the order, unless other instructions for submission are provided by the applicable FASCSA order. (c) The request for waiver shall provide the following information for the issuing official to review and evaluate the request, including— (1) Identification of the applicable FASCSA order; (2) A description of the exception sought, including, if limited to only a portion of the order, a description of the order provisions from which an exception is sought; (3) The name or a description sufficient to identify the covered article or the product or service provided by a source that is subject to the order from which an exception is sought; (4) Compelling justification for why an exception should be granted, such as the impact of the order on the agency's ability to fulfill its mission-critical functions, or considerations related to the national interest, including national security reviews, national security investigations, or national security agreements; (5) Any alternative mitigations to be undertaken to reduce the risks addressed by the FASCSA order; and (6) Any other information requested by the issuing official. (d) The contracting officer, in accordance with agency procedures and working with the program office or requiring activity, shall decide whether to pursue a waiver or to make award to an offeror that does not require a waiver in accordance with the procedures at 4.2304 (f). If a waiver is being pursued, then the contracting officer may not make an award until written approval is obtained that the waiver has been granted.