DoD may accept articles containing specialty metals that are not in compliance with the specialty metals clause of the contract if--
(a) Final acceptance takes place before September 30, 2010;
(b) The specialty metals were incorporated into items (whether end items or components) produced, manufactured, or assembled in the United States before October 17, 2006;
(c) The contracting officer determines in writing that--
(1) It would not be practical or economical to remove or replace the specialty metals incorporated in such items or to substitute items containing compliant materials;
(2) The contractor and any subcontractor responsible for providing items containing non-compliant specialty metals have in place an effective plan to ensure compliance with the specialty metals clause of the contract for future items produced, manufactured, or assembled in the United States; and
(3) The non-compliance was not knowing or willful;
(d) The determination is approved by--
(1) The USD(AT&L;); or
(2) The service acquisition executive of the military department concerned; and
(e) Not later than 15 days after approval of the determination, the contracting officer posts a notice on the Federal Business Opportunities Web site at http://www.Fed Biz Opps.gov, stating that a waiver for the contract has been granted under Section 842(b) of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). [74 FR 37636, July 29, 2009]