48 CFR §225.871-4

1. (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. (1)Procedures for the formation of contracts;
   2. (2)Terms and conditions for inclusion in contracts;
   3. (3)Requirements or preferences for—
      1. (i)Goods grown, produced, or manufactured in the United States or in U.S. Government-owned facilities; or
      2. (ii)Services to be performed in the United States; or
   4. (4)Requirements regulating the performance of contracts.
2. (b)There is no authority for waiver of—
   1. (1)Any provision of the Arms Export Control Act (22 U.S.C. 2751);
   2. (2)Any provision of 10 U.S.C. 3201-3205;
   3. (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. (4)Any of the financial management responsibilities administered by the Secretary of the Treasury.
3. (c)To request a waiver under a cooperative project, follow the procedures at PGI 225.871-4.
4. (d)Obtain the approval of the Deputy Secretary of Defense before committing to make a waiver in an agreement or a contract.