Current through November 30, 2024
Section 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) 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, 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. 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 83 FR 66072 , 12/21/2018; 88 FR 73236 , 10/30/2023; 89 FR 60831 , 7/29/2024