; or (ii) the contractor provides the Government— (I) a refund in the amount required to identify the cause of the failure in the system design, develop an engineering change, and modify all end items delivered under the contract; and (II) associated technical data required to make the necessary modifications. (B) The Secretary may waive the requirement in subparagraph (A) with respect to a development or production contract if the Secretary— (i) determines that such requirement is not in the national security interests of the United States