The secretary of the department responsible for acquisition may waive this restriction, on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that—

1. (a) Adequate U.S. or Canadian 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.

[68 FR 15627, Mar. 31, 2003, as amended at 90 FR 41480, Aug. 25, 2025]