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FAR and DFARS › DFARS Part 237: Service Contracting › Subpart 237.1

DFARS 237.173-4 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 lets the Secretary of Defense waive the prohibition described in DFARS 237.173-3(a) for 60 days when the Secretary determines the waiver is vital to U.S. national security. The waiver can be renewed for one additional 30-day period under the same national security determination, and Congress must be notified in writing within five days of issuance. It matters to contractors because it identifies a limited, high-level exception to that prohibition and points to DoDI 1100.22 for the specific procedures.

Applies to: The Secretary of Defense and the prohibition in DFARS 237.173-3(a)

What it requires

  • The Secretary shall submit written notification to Congress not later than five days after issuing the waiver.

Key terms: waiver · national security interests · renewal · written notification to Congress · DoDI 1100.22

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 237.173-3(a) for a period of 60 days, if the Secretary determines such a waiver is vital to the national security interests of the United States. The Secretary may renew a waiver issued pursuant to this paragraph for an additional 30-day period, if the Secretary determines that such a renewal is vital to the national security interests of the United States. Not later than five days after issuance of the waiver, the Secretary shall submit written notification to Congress. See specific waiver procedures at DoDI 1100.22.

Sections it refers to

← 237.173-3 Policy. · 237.173-5 Contract clause. →

Rule changes for DFARS Part 237

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

DFARS 237.173-4 Waiver · SpendQuery