The secretary of the department responsible for acquisition or, for the Defense Logistics Agency, the Component Acquisition Executive, may waive the restriction in 225.7009-2, on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that—

1. (a) Adequate domestic supplies are not available to meet DoD requirements on a timely basis; and
2. (b) The acquisition must be made in order to acquire capability for national security purposes.

[71 FR 14111, Mar. 21, 2006, as amended at 90 FR 41480, Aug. 25, 2025]