Section 37.113-2 - Solicitation provision and contract clause(a) Use the provision at 52.237-8, Restriction on Severance Payments to Foreign Nationals, in all solicitations that meet the criteria in 37.113-1(a), except for those excluded by 37.113-1(c).(b) When the head of an agency has granted a waiver pursuant to 37.113-1, use the clause at 52.237-9, Waiver of Limitation on Severance Payments to Foreign Nationals.60 FR 42261, Aug. 16, 1995, as amended at 68 FR 43867 , July 24, 2003