48 CFR 225.770-5
225.770-5 Waiver of prohibition.
United States · 48 CFR — Federal Acquisition Regulations System · Status: effective
Cite this
- Citation
- 48 CFR 225.770-5, 225.770-5 Waiver of prohibition, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/243535
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.