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

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

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 204.2104 Waivers · SpendQuery