(a) The DoD General Counsel may waive any provision of this part based upon a determination that the waiver is not inconsistent with 5 CFR part 2635 or otherwise prohibited by law, and that waiver of the provision will not undermine public confidence in the integrity of Government programs or operations. The waiver must be:

1. (1) In writing;
2. (2) Supported by a detailed statement of facts and findings; and
3. (3) Narrow in scope and limited in duration.