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Department of Defense INSTRUCTION

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DoDI 5000.02, January 7,

DoDI 5000.02, January 7, 2015 Table 6. Exceptions, Waivers, and Alternative Management and Reporting Requirements, Continued INFORMATION REQUIREMENT FOR WAIVER OR EXCEPTION PROGRAM TYPE ACAT MDAP MAIS II ≤ III WHEN REQUIRED SOURCE REPORTING PROCEDURE CONGRESSIONAL NOTIFICATION OF MDAP SUBPROGRAM DESIGNATION(S) CONGRESSIONAL NOTIFICATION OF POST MILESTONE A CERTIFICATION PROGRAM DEVIATIONS ● Due not less than 30 calendar days before approval of a subprogram APB. 10 U.S.C. 2430a (Ref. (g)(h)) DAE to Congress STATUTORY. Reports the DAE’s determination that (1) different categories of end items in an MDAP, or (2) delivery increments or blocks of a satellite program warrant separate acquisition reporting and will be designated Major Subprograms. Table 3 in this enclosure provides additional policy regarding subprograms. ● Due within 30 calendar days of a Program Deviation Report. 10 U.S.C. 2366a (Ref. (g)) MDA to Congress STATUTORY. Report will identify root causes of the growth, appropriate acquisition performance measures for the remainder of the development, and either a written certification or a plan for terminating the development or withdrawal of Milestone A approval. CONGRESSIONAL NOTIFICATION OF PRESERVATION AND STORAGE OF UNIQUE PRODUCTION TOOLING WAIVER ● Due before Milestone C or at any time before the end of the item’s service life if the Secretary determines the waiver is in the best interest of the DoD. SEC. 815 of P.L. 110-417 (Ref. (f)(g)) STATUTORY. Based on the Secretary’s written determination that such a waiver is in the best interest of the Department of Defense. DAE to Congress Note: A dot (●) in a cell indicates the specific applicability of the requirement to program type. Change 2, 02/02/2017 74 ENCLOSURE 1

DoDI 5000.02, January 7, 2015 Table 6. Exceptions, Waivers, and Alternative Management and Reporting Requirements, Continued INFORMATION REQUIREMENT FOR WAIVER OR EXCEPTION PROGRAM TYPE ACAT MDAP MAIS II ≤ III WHEN REQUIRED SOURCE REPORTING PROCEDURE STATUTORY. The Secretary of Defense waiver authority discussed in paragraph 5a(2)(c) of this instruction is available upon a determination that: − The acquisition of the capability is in the vital national security interest of the United States. − The application of the law or regulation to be waived would impede the acquisition of the capability in a manner that would undermine the national security of the United States. − The underlying purpose of the law or regulation to be waived can be addressed in a different manner or at a different time. Waiver authority is limited to the statutory and regulatory provisions addressing the establishment of the requirement or specification; research, development, test, and evaluation; production, fielding, and sustainment; or solicitation, selection of sources, and award of contracts for the capability to be acquired. Statutory limitations prevent the waiver of the requirements of Section 806 of P.L. 114-92, or any provision of law either imposing civil or criminal penalties or governing the proper expenditures of appropriated funds. Congressional notification is due at least 30 days before exercising waiver authority. Notification includes: − An explanation of why the acquisition is vital to U.S. national security interests; and − Identification of each provision of law or regulation to be waived; and for each provision: − An explanation of how the provision would impede the acquisition and undermine U.S. national security interests; and − How and when the underlying purpose of the provision will be addressed. The Secretary, in exercising this authority, will designate a senior official to be personally responsible and accountable for the rapid and effective acquisition and deployment of the needed capability. The Secretary will provide the designated official such authority as the Secretary determines necessary to achieve this objective, and may use the waiver authority described above for this purpose. CONGRESSIONAL NOTIFICATION OF SECRETARY OF DEFENSE WAIVER OF ACQUISITION LAWS TO ACQUIRE VITAL NATIONAL SECURITY CAPABILITIES ● ● ● ● SEC. 806, P.L. 114-92 (Ref. (e)) Secretary of Defense to Congressional Defense Committees Note: A dot (●) in a cell indicates the specific applicability of the requirement to program type. Change 2, 02/02/2017 75 ENCLOSURE 1

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