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, Technology, and Logistics).

(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 Director of Defense Procurement 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.