48 CFR § 204.2104 - 204.2104 Waivers.

---
identifier: "/us/cfr/t48/s204.2104"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 204.2104 - 204.2104   Waivers."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "204.2104"
section_name: "204.2104   Waivers."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "204"
part_name: "ADMINISTRATIVE AND INFORMATION MATTERS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36289, July 31, 1991, unless otherwise noted."
cfr_part: "204"
---


# 204.2104 204.2104   Waivers.

The Secretary of Defense may waive the prohibition in 204.2102(a) on a case-by-case basis 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 mitigations in place to guarantee the ability of the Secretary to carry out the covered missions; and

(2) The Secretary is removing the use of covered defense telecommunications equipment or services in carrying out such missions.