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FAR and DFARS › FAR Part 9: Contractor Qualifications › Subpart 9.1

FAR 9.108-4 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 allows an agency head to waive the prohibition in 9.108-2 and the requirement in 9.108-3 for a specific contract. The waiver is allowed only if the agency head determines in writing that it is required in the interest of national security, documents that determination, and reports it to Congress.

Applies to: Agency heads and specific contracts

What it requires

  • Determine in writing that the waiver is required in the interest of national security
  • Document the determination
  • Report the determination to Congress

Key terms: agency head · waiver · prohibition · national security · specific contract

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

Any agency head may waive the prohibition in subsection 9.108-2 and the requirement of subsection 9.108-3 for a specific contract if the agency head determines in writing that the waiver is required in the interest of national security, documents the determination, and reports it to the Congress.

Sections it refers to

Sections that refer to it

  • 9.108-2 Prohibition.
  • 9.108-3 Representation by the offeror.
  • 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations—Representation.
  • 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

← 9.108-3 Representation by the offeror. · 9.108-5 Solicitation provision and contract clause. →

Rule changes for FAR Part 9

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

FAR 9.108-4 Waiver · SpendQuery