FAR and DFARS › DFARS Part 209: Contractor Qualifications › Subpart 209.5
DFARS 209.503-70 Waiver.
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 changes who can approve a waiver for consulting services under FAR 9.503. Instead of the normal waiver authority, only the Secretary of Defense and certain high-level officials can approve it, and they cannot delegate that power below a Senate-confirmed official.
Applies to: Waivers for consulting services under FAR 9.503
Key terms: consulting services · waiver approval authority · Secretary of Defense · without power of delegation
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
Notwithstanding FAR 9.503, for consulting services, as defined at 209.572(b), the waiver approval authority is the Secretary of Defense and the following officials, without power of delegation below an official appointed by the President and confirmed by the Senate:
(a) The Under Secretary of Defense (Acquisition and Sustainment).
(b) The assistant secretaries of the military departments. (See PGI 209.503-70.)
Sections that refer to it
- 209.572 Conflicts of interest in certain consulting services.
← 209.471 Congressional Medal of Honor. · 209.505 General rules. →
Rule changes for DFARS Part 209
- Defense Federal Acquisition Regulation Supplement: Certification Requirement for Military Recruitment Advertising (DFARS Case 2024-D022) ↗ · proposed 2026-06-25 · comments due 2026-08-24
- Defense Federal Acquisition Regulation Supplement: Limitation on Certain Institutes of Higher Education (DFARS Case 2024-D023) ↗ · final rule 2025-08-25 · effective 2025-08-25
- Defense Federal Acquisition Regulation Supplement: Preventing Conflicts of Interest for Certain Consulting Services (DFARS Case 2024-D007) ↗ · final rule 2025-08-25 · effective 2025-10-24
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · final rule 2025-08-25 · effective 2025-10-01
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · proposed 2025-01-17 · comments due 2025-03-18
- Defense Federal Acquisition Regulation Supplement: Preventing Conflicts of Interest for Certain Consulting Services (DFARS Case 2024-D007) ↗ · proposed 2024-09-26 · comments due 2024-11-25
- Defense Federal Acquisition Regulation Supplement: Limitation on Certain Institutes of Higher Education (DFARS Case 2024-D023) ↗ · 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
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.