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FARS

Section 5153.9003: Sample Memorandum for Waiver of the Berry Amendment.

MEMORANDUM FOR -[Insert name of requiring activity].

SUBJECT: Waiver of the Berry Amendment

      I have reviewed the request for waiver of the provisions of the Berry Amendment (10 U.S.C. 2241, note) from -[insert name of requiring activity]-pertaining to the purchase and use of-[insert name of item(s)]-in the manufacture of -[insert name of item(s)]. In the course of this review, I have considered the alternatives which would not require approval of this waiver, and I find them to be unacceptable.

      Accordingly, I determine that the provisions of the Berry Amendment are waived for the item(s)/program(s) set forth within this request. Specifically, my determination shall cover the -[insert name of item(s)/program(s)].

      This approval expires [insert number] months from this date or sooner if a U.S. product becomes available.

                  [Insert Secretary of the Army name]




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