10 U.S.C. 4872(e): how should a statutory national-security waiver be reflected in clause 252.225-7961?

Section 4872(e)(1) allows the Secretary to accept delivery of an end item containing covered material manufactured in a covered nation on a written determination that acceptance is necessary to the national security interests of the United States. Paragraph (e)(3) allows a waiver made under 4863(k) to be applied to these restrictions. Case 2024-D014 covers the amendment that made those waivers applicable. The procedure in the deviation and clause 252.225-7961(c) provide for a nonavailability determination and do not describe these waiver paths. One reading lets a valid waiver govern delivery without a change to the clause. The other requires the contract restriction to be modified to reflect it.

Consequence

No end item accepted or refused under such a waiver has been established.

Proposed correction

Please clarify how a valid statutory waiver should be reflected in the applicable contract restriction while implementation is pending.

Jurisdiction

United States — federal

Act

Defense Federal Acquisition Regulation Supplement (48 CFR chapter 2) and Class Deviation 2026-O0041, Revision 1

Place

10 U.S.C. 4872(e); clause 252.225-7961(c)

Record

Question of reading or data

Class

Question of reading or data

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-29

Evidence

Documented search. Quotations are verbatim from the official material; translations are ours and marked.

may accept the delivery of an end item containing covered material manufactured in a covered nation if the Secretary determines in writing that acceptance of such end item is necessary to the national security interests of the United States

the Secretary or authorized delegate may apply that waiver to the restrictions under subsection (a) of this section for the same covered material or end item

If the authorized agency official concerned has made a nonavailability determination, in accordance with section 225.7018-4

Section 843 makes national-security waivers

How to check it without Arxo's tools

1. Open 10 U.S.C. (Armed Forces), OLRC release point 119-124 and find 10 U.S.C. 4872(e)(1); 10 U.S.C. 4872(e)(3). Compare the text with the quotation above. A copy is kept in this register: 3a0a8808decb5adf-usc10-119-124.zip (SHA-256 3a0a8808decb5adf4469e23373a921cf23df1a38c460a56811ed3442ea9a6aa8, copy of the official file).
2. Open DoD Class Deviation 2026-O0041, Revision 1 (July 1, 2026), Attachment A1: FAR Overhaul Part 25 and DFARS Part 225 and find Class Deviation 2026-O0041, Rev. 1: clause 252.225-7961(c)(2). Compare the text with the quotation above. A copy is kept in this register: 4866b6f6f7f1f5fb-dfars-rfo-part225-rev1.pdf (SHA-256 4866b6f6f7f1f5fb1f99b4ca828cdb2c03885c29a6a9d474788a0470da2c9b79, copy of the official file).
3. Open Open DFARS cases as of October 23, 2026 (Defense Acquisition Regulations System) and find Open DFARS cases as of October 23, 2026, case 2024-D014. Compare the text with the quotation above. A copy is kept in this register: eb0de6e885c16743-dfars-open-cases.pdf (SHA-256 eb0de6e885c16743edd300a5f0a5b086f2e67bb3c255d2aa892199d54b46b7e4, copy of the official file).
4. The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.

How this finding was made

AI agents read the official texts and compared the provisions, clauses and preambles; they also drafted this record. A person at Arxo approved the report before it was sent.

Responsible institutions

• Department of Defense, Defense Pricing, Contracting, and Acquisition Policy — author of the DFARS and the class deviation

Reported to

Responses

No response recorded.

History

1. 2026-10-29Confirmed by Arxo
2. 2026-10-29Reported to Department of Defense, Defense Pricing, Contracting, and Acquisition Policy (e-mail)
3. 2026-10-31Entered in the register

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0247, https://arxo.io/findings/ARXO-2026-0247/ (status as of 2026-10-29). Data: ARXO-2026-0247.json.