225.871-4  Statutory waivers.

(a)  For contracts or subcontracts placed outside the United States, the Deputy Secretary of Defense may waive any provision of law that specifically prescribes-

(1)  Procedures for the formation of contracts;

(2)  Terms and conditions for inclusion in contracts;

(3)  Requirements or preferences for-

(i)  Goods grown, produced, or manufactured in the United States or in U.S. Government-owned facilities; or

(ii)  Services to be performed in the United States; or

(4)  Requirements regulating the performance of contracts.

(b)  There is no authority for waiver of-

(1)  Any provision of the Arms Export Control Act (22 U.S.C. 2751);

(2)  Any provision of 10 U.S.C. 2304;

(3)  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

(4)  Any of the financial management responsibilities administered by the Secretary of the Treasury.

(c)  To request a waiver under a cooperative project, follow the procedures at PGI 225.871-4.

(d)  Obtain the approval of the Deputy Secretary of Defense before committing to make a waiver in an agreement or a contract.