[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR22.220]



[Page 77]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 22_DoD GRANTS AND AGREEMENTS_AWARD AND ADMINISTRATION--Table of 

Contents

 

             Subpart B_Selecting the Appropriate Instrument

 

Sec.  22.220  Exemptions.



    Under 31 U.S.C. 6307, ``the Director of the Office of Management and 

Budget may exempt an agency transaction or program'' from the 

requirements of 31 U.S.C. chapter 63. Grants officers shall request such 

exemptions only in exceptional circumstances. Each request shall specify 

for which individual transaction or program the exemption is sought; the 

reasons for requesting an exemption; the anticipated consequences if the 

exemption is not granted; and the implications for other agency 

transactions and programs if the exemption is granted. The procedures 

for requesting exemptions shall be:

    (a) In cases where 31 U.S.C. chapter 63 would require use of a 

contract and an exemption from that requirement is desired:

    (1) The grants officer shall submit a request for exemption, through 

appropriate channels established by his or her DoD Component (see 32 CFR 

21.320(a)), to the Director of Defense Procurement and Acquisition 

Policy (DDP&AP).

    (2) The DDP&AP, after coordination with the Director of Defense 

Research and Engineering (DDR&E), shall transmit the request to OMB or 

notify the DoD Component that the request has been disapproved.

    (b) In other cases, the DoD Component shall submit a request for the 

exemption through appropriate channels to the DDR&E. The DDR&E shall 

transmit the request to OMB or notify the DoD Component that the request 

has been disapproved.

    (c) Where an exemption is granted, documentation of the approval 

shall be maintained in the award file.



[63 FR 12164, Mar. 12, 1998, as amended at 68 FR 47160, Aug. 7, 2003; 70 

FR 49464, Aug. 23, 2005]