DEVIATION:

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE, PENTAGON

WASHINGTON, DC, 20301-3000

ACQUISTION AND TECHNOLOGY

MEMORANDUM FOR DIRECT'ORS OF DEFEENSE AGENCIES

Subsection 2323(e) of title 10, United States Code (USC) as amended by section 801 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, prohibits DoD from exercising the authority for a price exceeding fair market cost if the Secretary determines at the beginning of the fiscal year that DoD achieved the 5 percent goat established by subsection 2323(a) in the most recent fiscal year for which data are available. The determination has been made that in fiscal year 2000 DoD exceeded the 5 percent goal established in 10 USC 2323(a) for contract awards to SDBs. Accordingly, the use of the price adjustment prescribed in FAR 19.11 is suspended for DoD.

This suspension applies to all solicitations issued during the period from February 24, 2001, to February 23, 2002.