4.2104
Waivers
FAR 4.2104 establishes strict, time-limited procedures and documentation requirements for agencies seeking waivers to prohibitions on certain telecommunications and video surveillance equipment, with heightened oversight and reporting obligations.
Overview
FAR 4.2104 outlines the process and requirements for obtaining waivers to the prohibitions on contracting for certain telecommunications and video surveillance equipment or services, as specified in FAR 4.2102(a). The section details who may grant waivers, under what circumstances, and the procedural steps and documentation required. It also addresses emergency situations and the necessary notifications to oversight bodies and Congress.
Key Rules
- Executive Agency Waivers
- The head of an executive agency may grant a one-time waiver to the prohibitions, provided a compelling justification and a detailed phase-out plan are submitted. Waivers are time-limited and must not extend beyond specified dates (August 13, 2021 or August 13, 2022, depending on the prohibition).
- Additional Requirements for 4.2102(a)(2) Waivers
- Agencies must designate a senior supply chain risk official, participate in information-sharing as required, and consult with the ODNI and FASC before granting a waiver.
- Emergency Waivers
- In emergencies, waivers may be granted without prior notice/consultation, but notification to ODNI, FASC, and Congress must occur within 30 days of award.
- Waiver Notification
- Agencies must notify Congress and provide detailed documentation within 30 days of waiver approval.
- Director of National Intelligence Waivers
- The DNI may grant waivers if deemed in the national security interest.
Responsibilities
- Contracting Officers: Ensure compliance with waiver procedures, documentation, and notification requirements.
- Contractors: Provide necessary information for agency waiver requests and support phase-out plans.
- Agencies: Oversee waiver process, designate officials, ensure interagency coordination, and fulfill reporting obligations.
Practical Implications
- This section provides a structured, accountable process for exceptions to strict prohibitions, balancing operational needs with national security. Contractors and agencies must be prepared for rigorous documentation and oversight, especially in emergency or high-risk situations. Failure to comply can result in contract delays or legal consequences.