§225.871-4. Statutory waivers.
48 C.F.R. § 225.871-4
For contracts or subcontracts placed outside the United States, the Deputy Secretary of Defense may waive any provision of law that specifically prescribes—
Procedures for the formation of contracts;
Terms and conditions for inclusion in contracts;
Requirements or preferences for—
Goods grown, produced, or manufactured in the United States or in U.S. Government-owned facilities; or
Services to be performed in the United States; or
Requirements regulating the performance of contracts.
There is no authority for waiver of—
Any provision of the Arms Export Control Act (22 U.S.C. 2751);
Any provision of 10 U.S.C. 3201-3205;
The cargo preference laws of the United States, including the Military Cargo Preference Act of 1904 (10 U.S.C. 2631) and the Cargo Preference Act of 1954 (46 U.S.C. 1241(b)); or
Any of the financial management responsibilities administered by the Secretary of the Treasury.
To request a waiver under a cooperative project, follow the procedures at PGI 225.871-4.
Obtain the approval of the Deputy Secretary of Defense before committing to make a waiver in an agreement or a contract.
Notes, amendments, and revision history
Amendments
[68 FR 15621, Mar. 31, 2003, as amended at 71 FR 62565, Oct. 26, 2006; 87 FR 76993, Dec. 16, 2022]
Source
Source: 68 FR 15621, Mar. 31, 2003, unless otherwise noted.
Authority
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
Source
Source: 56 FR 36367, July 31, 1991, unless otherwise noted.
Amendments
[68 FR 15621, Mar. 31, 2003, as amended at 71 FR 62565, Oct. 26, 2006; 87 FR 76993, Dec. 16, 2022]