48 CFR 225.871-4 - Statutory waivers.

Code of Federal Regulations - Title 48: Federal Acquisition Regulations System

Updated to: December 30, 2005

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TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM

CHAPTER 2 - DEFENSE ACQUISITION REGULATIONS SYSTEMS, DEPARTMENT OF DEFENSE

SUBCHAPTER D - SOCIOECONOMIC PROGRAMS

PART 225 - FOREIGN ACQUISITION

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) Forward any request for waiver under a cooperative project to the Deputy Secretary of Defense, through the Director of Defense Procurement and Acquisition Policy, Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics). The waiver request shall include a draft Determination and Findings for signature by the Deputy Secretary of Defense establishing that the waiver is necessary to significantly further NATO standardization, rationalization, and interoperability.

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