This is the same issue that comes up with sole sourcing, NSE in sole sourcing.
Let's say I'm wanting to purchase some goods inside the government and I want to sole-source that, there's a fairly robust process I would have to go through in order to get approval to sole-source. What I can do in the alternative is invoke a national security exception, then I can write my specifications so specifically that only one bidder can actually win. I would have effectively created an end run around the sole-sourcing approval process.
That's exactly what we alleged in the MD Charlton case, and I'll leave it at that.