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48 CFR § 225.770-5 - 225.770-5 Waiver of prohibition. 

---
identifier: "/us/cfr/t48/s225.770-5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 225.770-5 - 225.770-5   Waiver of prohibition."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "225.770-5"
section_name: "225.770-5   Waiver of prohibition."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "D"
subchapter_name: "SOCIOECONOMIC PROGRAMS"
part_number: "225"
part_name: "FOREIGN ACQUISITION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36367, July 31, 1991, unless otherwise noted."
cfr_part: "225"
---

# 225.770-5 225.770-5   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]