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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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33 sections with “national interest waiver”

  • FAR 4.2104 Waivers.
    …pply chain risk information; (iii) Notify and consult with the Office of the Director of National Intelligence (ODNI) on the waiver request using ODNI guidance, briefings, best practices, or direct inquiry, as appropriate; and (iv) Notify…
  • FAR 25.702-4 Waiver.
    …es and certifies in writing to the appropriate congressional committees that it is in the national interest to do so. (b) An agency seeking waiver of the requirement shall submit the request to the Administrator of the Office of Federal Pr…
  • FAR 25.703-4 Waiver.
    …he class of supplies or equipment is not available from any other source and it is in the national interest. (2) Prior to submitting the waiver request, the request must be reviewed and cleared by the agency head. (c) In general, all waiv…
  • DFARS 209.572 Conflicts of interest in certain consulting services.
    (a) Scope. (1) This section implements section 812 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31). (2) To the extent that this section is inconsistent with FAR subpart 9.5, this section takes precedence. (…
  • DFARS 225.7004-6 Waiver of restrictions.
    …ments on a timely basis; and (ii) The acquisition is necessary to acquire capability for national security purposes. (2) Document the waiver in a written determination and findings containing— (i) The factors supporting the waiver; and …
  • FAR 4.2305 Waivers.
    …ncy's ability to fulfill its mission-critical functions, or considerations related to the national interest, including national security reviews, national security investigations, or national security agreements; (5) Any alternative mitiga…
  • FAR 22.1305 Waivers.
    …t 52.222-35, Equal Opportunity for Veterans, for— (1) Any contract if a waiver is in the national interest; or (2) Groups or categories of contracts if a waiver is in the national interest and it is— (i) Impracticable to act on each requ…
  • FAR 22.1403 Waivers.
    … for Workers with Disabilities, for— (1) Any contract if a waiver is deemed to be in the national interest; or (2) Groups or categories of contracts if a waiver is in the national interest and it is— (i) Impracticable to act on each requ…
  • DFARS 225.7021-3 National security waiver of disclosure.
    …s at 225.7021-2 if the SPE determines in writing that such disclosure would not be in the national security interests of the United States. This authority may not be delegated. See PGI 225.7021-3 for procedures and content requirements rega…
  • DFARS 252.225-7021 Trade Agreements.
    …means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or s…
  • DFARS 225.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements.
    …ade, qualifying country, and eligible products before accepting any other offers; (ii) A national interest waiver under 19 U.S.C. 2512(b)(2) is granted on a case-by-case basis. Except as delegated in paragraphs (c)(i)(A) and (B) of this se…
  • FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.
    …tary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order. …
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    …marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote healt…
  • FAR 52.227-13 Patent Rights—Ownership by the Government.
    …license will include the right of the Government to sublicense foreign governments, their nationals, and international organizations pursuant to the following treaties or international agreements: ________ * [* Contracting Officer complete…
  • DFARS 209.104-1 General standards.
    …is required to perform the contract. (A) Under 10 U.S.C. 4874(a), no DoD contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to p…
  • DFARS 222.7404 Waiver.
    … the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. (…
  • DFARS 225.7003-3 Exceptions.
    …rmines that the domestic availability of a particular electronic component is critical to national security. (2)(i) Commercially available off-the-shelf (COTS) items containing specialty metals, except the restrictions do apply to contract…
  • DFARS 225.7705-2 Waiver of prohibition.
    …) of this section, that— (1) The program or project clearly contributes to United States national interests or strategic objectives; (2) The Government of Afghanistan has requested or expressed a need for the program or project; (3) The …
  • DFARS 237.173-4 Waiver.
    …3-3(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, …
  • DFARS 252.227-7038 Patent Rights—Ownership by the Contractor (Large Business).
    …visional application; and (iii) File patent applications in additional countries or international patent offices within either 10 months of the first filed patent application (whether provisional or nonprovisional) or 6 months from the dat…
  • FAR 9.108-4 Waiver.
    …t 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.
  • DFARS 204.2104 Waivers.
    …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 mitigatio…
  • DFARS 222.7003 Waivers.
    … agency may waive the requirements of 222.7002 on a case-by-case basis in the interest of national security.
  • DFARS 225.7604 Waivers.
    The Secretary of Defense may waive this restriction on the basis of national security interests. To request a waiver, follow the procedures at PGI 225.7604.
  • DFARS 252.225-7020 Trade Agreements Certificate.
    … such end products are insufficient to fulfill the Government's requirements; or (iii) A national interest waiver has been granted. (c) Certification and identification of country of origin. (1) For all line items subject to the Trade Agr…
  • FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.
    … not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (b) The offeror shall email questions concerning sensitive technology to the Departmen…
  • FAR 25.703-2 Iran Sanctions Act.
    …iliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.tre…
  • FAR 31.205-6 Compensation for personal services.
    … U.S.C. 3744(a)(13) and 41 U.S.C. 4304(a)(13), the costs of severance payments to foreign nationals employed under a service contract performed outside the United States are unallowable to the extent that such payments exceed amounts typica…
  • DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.
    …1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232), to be a country the government of which has repeatedly provided support for…
  • FAR 42.703-2 Certificate of indirect costs.
    …. (2) A waiver may be appropriate for a contract with— (i) A foreign government or international organization, such as a subsidiary body of the North Atlantic Treaty Organization; (ii) A State or local government subject to the OMB Unifo…
  • DFARS 203.570-2 Prohibition period.
    …ate of conviction unless the agency head or a designee grants a waiver in the interest of national security. Follow the waiver procedures at PGI 203.570-2(a); and (b) May be more than 5 years from the date of conviction if the agency head …
  • DFARS 237.102-71 Limitation on service contracts for military flight simulators.
    …ion with respect to a contract, if the Secretary— (1) Determines that a waiver is in the national interest; and (2) Provides an economic analysis to the congressional defense committees at least 30 days before the waiver takes effect. Thi…
  • DFARS 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.
    …s for the requested waiver; and (4) An explanation of why a waiver is in the interest of national security. (g) Subcontracts. The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity an…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.