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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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36 sections with “national security waiver”

  • 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…
  • 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…
  • 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. …
  • 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 225.7003-3 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…
  • FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
    …vernment facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digi…
  • FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities.
    …shed in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, 41 U.S.C. 3901 note prec.). FASC-prohibited unmanned aircraft system means a…
  • 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 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 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 225.7705-2 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, …
  • 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.
  • FAR 13.201 General.
    …est from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an eme…
  • FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.
    …itions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the mea…
  • 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 225.770-5 Waiver of prohibition.
    … identified in paragraph (b) of this subsection determines that a waiver is necessary for national security purposes. (b) The following officials are authorized, without power of delegation, to make the determination specified in paragraph…
  • DFARS 225.771-4 Waiver of prohibition.
    … waived if the Secretary of Defense determines that a waiver is not inconsistent with the national security objectives of the United States in accordance with 10 U.S.C. 4871(c).
  • DFARS 225.7009-4 Waiver.
    … a timely basis; and (b) The acquisition must be made in order to acquire capability for national security purposes.
  • DFARS 225.7011-2 Waiver.
    … a timely basis; and (b) The acquisition must be made in order to acquire capability for national security purposes.
  • DFARS 225.7012-2 Waiver.
    … a timely basis; and (b) The acquisition must be made in order to acquire capability for national security purposes.
  • DFARS 225.7019-3 Waiver.
    …re an adequate supply of furnished energy for the covered military installation; and (2) National security requirements have been balanced against the potential risk associated with reliance upon the Russian Federation for furnished energy…
  • 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.
  • FAR 39.101 Policy.
    … Circular A-130, including consideration of security of resources, protection of privacy, national security and emergency preparedness, accessibility for individuals with disabilities, and energy efficiency; (ii) The requirements for susta…
  • DFARS 247.572 Policy.
    …ay waive this requirement if the Secretary determines that such waiver is critical to the national security of the United States. In accordance with 10 U.S.C. 2631(c)(2), DoD shall immediately submit, in writing, a notice to the congression…
  • DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
    …es or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Con…
  • 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…
  • FAR 4.2304 Procedures.
    …collectively by the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence, then the contracting officer shall modify the basic contract based upon the requirements of the order, removing any covered art…
  • 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 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.