§ 225.770-5 - Waiver of prohibition.

225.770-5 Waiver of prohibition.

Cross Reference

Link to an amendment published at 88 FR 73236, Oct. 25, 2023.

(a) 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.

(b) The following officials are authorized, without power of delegation, to make the determination specified in paragraph (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 of , Defense Procurement Pricing and Acquisition Policy Contracting (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.

[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]