§225.770-5. Waiver of prohibition.
48 C.F.R. § 225.770-5
The prohibition in 225.770-2 may be waived, on a case-by-case basis, if an official identified in paragraph (b) of this subsection determines that a waiver is necessary for national security purposes.
The following officials are authorized, without power of delegation, to make the determination specified in paragraph (a) of this subsection:
The Under Secretary of Defense (Acquisition and Sustainment).
The Secretaries of the military departments.
The Component Acquisition Executive of the Defense Logistics Agency.
The official granting a waiver shall submit a report to the congressional defense committees, with a copy to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy (see PGI 225.770-5), not less than 15 days before issuing the waiver.
In the report, the official shall—
Identify the specific reasons for the waiver; and
Include recommendations as to what actions may be taken to develop alternative sourcing capabilities in the future.
Notes, amendments, and revision history
Amendments
[71 FR 53046, Sept. 8, 2006, as amended at 77 FR 30366, May 22, 2012; 83 FR 66072, Dec. 21, 2018; 88 FR 73236, Oct. 25, 2023; 89 FR 60831, July 29, 2024]
Authority
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
Source
Source: 56 FR 36367, July 31, 1991, unless otherwise noted.
Amendments
[71 FR 53046, Sept. 8, 2006, as amended at 77 FR 30366, May 22, 2012; 83 FR 66072, Dec. 21, 2018; 88 FR 73236, Oct. 25, 2023; 89 FR 60831, July 29, 2024]