Subject: Policy Memo 05-3, "Elimination of Waivers to Cite Military Specifications and Standards in Solicitations and Contracts".OFFICE OF THE UNDER SECRETARY OF DEFENSE 3000 DEFENSE PENTAGON WASHINGTON DC 20301-3000 MAR 29 2005 MEMORANDUM FOR THE STANDARDIZATION EXECUTIVES OF THE MILITARY DEPARTMENTS AND DEFENSE AGENCIES [ILLUSTRATION OMITTED] SUBJECT: Policy Memo 05-3, "Elimination of Waivers Waiver The voluntary action of a person or party that removes that person's or party's right or particular ability in an agreement. The waiver can either be in written form or some form of action. A waiver essentially removes a real or potential liability for the other party in the agreement. to Cite Military Specifications and Standards in Solicitations and Contracts" On October 14, 2004, the Under Secretary of Defense for Acquisition, Technology and Logistics signed the Defense Acquisition Guidance. Paragraph 11.6 of this Guidance states that "it is no longer required to obtain a waiver from the Milestone Decision Authority to cite military specifications and standards in solicitations and contracts." We are in the process of preparing a formal change to DoD 4120.24-M, "Defense Standardization Program Policies and Procedures," to eliminate the waiver requirement from this document to be consistent with the Under Secretary's direction. Until such a formal change can be issued by the DoD Directives Office, this policy memorandum deletes Section C3.8 and all of its paragraphs and subparagraphs regarding waivers from DoD 4120.24-M. I request that you take appropriate action to ensure that everyone in your acquisition and logistics communities is aware that a waiver to cite military specifications and standards in solicitations and contracts is no longer required. As noted in the Defense Acquisition Guidance, however, this waiver elimination should not be interpreted as returning to the "old way of doing business," but as recognition of the cultural change that took place in DoD regarding the proper application of specifications and standards. We need to ensure that those in the acquisition and logistics communities have the flexibility to assess program requirements, make good decisions, and where appropriate, require conformance to military specifications and standards. If there are any questions about this policy memorandum or the status of the change to DoD 4120.24-M, my point of contact is Mr. Stephen Lowell at (703) 767-6879 or e-mail stephen.lowell@dia.mil. Louis A. Kratz Assistant Deputy Under Secretary of Defense (Logistics Plans and Programs) |
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