9.108-4
Waiver
Agency heads may waive the prohibition on contracting with inverted domestic corporations for specific contracts if required for national security, but must document and report the waiver to Congress.
Overview
FAR 9.108-4 provides a mechanism for agency heads to waive the prohibition on contracting with inverted domestic corporations (as outlined in 9.108-2) and the associated certification requirement (in 9.108-3) for specific contracts. This waiver can only be granted if the agency head determines in writing that it is necessary for national security. The determination must be documented, and the agency must report the waiver to Congress. This section ensures that, while the government generally prohibits contracts with inverted domestic corporations, exceptions can be made in extraordinary circumstances where national security is at stake, but only with high-level oversight and transparency.