FAR and DFARS › DFARS Part 204: Administrative and Information Matters › Subpart 204.21
DFARS 204.2104 Waivers.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section lets the Secretary of Defense waive the prohibition described in 204.2102(a), but only case by case and only for a single one-year period. The waiver requires a national security determination and certifications to Congressional defense committees about mitigations and removal of covered equipment or services.
Applies to: The Secretary of Defense and the waiver of the prohibition in 204.2102(a)
What it requires
- Determine the waiver to be in the national security interests of the United States
- Certify to the Congressional defense committees that sufficient mitigations are in place to guarantee the ability to carry out the covered missions
- Certify to the Congressional defense committees that the Secretary is removing the use of covered defense telecommunications equipment or services in carrying out such missions
Key terms: waiver · covered missions · covered defense telecommunications equipment or services · Congressional defense committees
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
The Secretary of Defense may waive the prohibition in 204.2102(a) on a case-by-case basis for a single, one-year period, if the Secretary—
(a) Determines such waiver to be in the national security interests of the United States; and
(b) Certifies to the Congressional defense committees that—
(1) There are sufficient mitigations in place to guarantee the ability of the Secretary to carry out the covered missions; and
(2) The Secretary is removing the use of covered defense telecommunications equipment or services in carrying out such missions.
Sections it refers to
- 204.2102 Prohibition.
Sections that refer to it
- 204.2102 Prohibition.
- 204.2103 Procedures.
- 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
← 204.2103 Procedures. · 204.2105 Solicitation provisions and contract clause. →
Rule changes for DFARS Part 204
- Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041) ↗ · final rule 2025-09-10 · effective 2025-11-10
- Defense Federal Acquisition Regulation Supplement: Inapplicability of Additional Defense-Unique Laws and Certain Non-Statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074) ↗ · final rule 2024-11-15 · effective 2024-11-25
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2024-09-26 · effective 2024-10-01
- Defense Federal Acquisition Regulation Supplement: Data Universal Numbering System to Unique Entity Identifier Transition (DFARS Case 2022-D023) ↗ · final rule 2024-09-26 · effective 2024-10-01
- Defense Federal Acquisition Regulation Supplement: Modification of Notification of Intent To Transport Supplies by Sea (DFARS Case 2020-D026) ↗ · final rule 2024-09-26 · effective 2024-10-01
- Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041) ↗ · proposed 2024-08-15 · comments due 2024-10-15
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2024-07-29 · effective 2024-07-29
- Defense Federal Acquisition Regulation Supplement: Modification of Notification of Intent To Transport Supplies by Sea (DFARS Case 2020-D026) ↗ · proposed 2024-03-26 · comments due 2024-05-28
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.