---
kind: "section"
citation: "48 C.F.R. § 225.770-5"
title: "48"
number: "225.770-5"
heading: "Waiver of prohibition."
url: "https://uscodex.org/cfr/48/225.770-5"
---

# §225.770-5. Waiver of prohibition.

- (a) The prohibition in 225.770-2 may be waived, on a case-by-case basis, if an official identified in [paragraph (b)](#b) of this subsection determines that a waiver is necessary for national security purposes.
- (b) The following officials are authorized, without power of delegation, to make the determination specified in [paragraph (a)](#a) of this subsection:
  - (1) **The Under Secretary of Defense (Acquisition and Sustainment).**
  - (2) **The Secretaries of the military departments.**
  - (3) **The Component Acquisition Executive of the Defense Logistics Agency.**
- (c)
  - (1) 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.
  - (2) **In the report, the official shall—**
    - (i) Identify the specific reasons for the waiver; and
    - (ii) Include recommendations as to what actions may be taken to develop alternative sourcing capabilities in the future.

## Notes

### 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]