Shade Council of Colonels and Captains

Joint Agreement for Shade in Clothing and Textiles

3. Shade Failures
3.1. Industry Waiver Request Procedure
Waiver requests, when desired by the Prime Contractor, shall be presented by the Prime Contractor to
the Contracting Officer in accordance with procedures determined by the contracting activity.

3.2. Waiver Authority
3.2.1. The Services grant waiver authority to DLA based on the severity of the failure and the item’s
established shade criticality.

3.2.1.1.
Government Shade Evaluator (at DLA Product Testing Center or wherever shade evaluation is
required per the contract) will rate shade failures as Negligible, Significant, or Poor. Rating will be
communicated internally to contracting activity.

3.2.1.2.
See Section 2, for shade criticality classification.

3.2.2. The Services have granted waiver decision authority to DLA as described below. When waiver
authority is granted to DLA, DLA may still elect to pursue advice from the Services. At any time, DLA
may choose not to waive failing material with or without consulting the service. Services may also grant
DLA a greater waiver authority in addition to authority specified below.

3.2.2.1. Air Force grants authority to DLA to make waiver decisions on Negligible rated shade failures
for Non-Shade Critical items.

3.2.2.2.
Army grants authority to DLA to make waiver decisions on all Negligible rated failures for
Shade Critical and Non-Shade Critical items and on Significant rated failures for Non-Shade Critical
items.

3.2.2.3. Coast Guard
grants authority to DLA to make waiver decisions on all Negligible rated failures
for Shade Critical and Non-Shade Critical items and on Significant rated failures for Non-Shade Critical
items.

3.2.2.4.
Marine Corps grants authority to DLA to make waiver decisions on Negligible rated shade
failures for Non-Shade Critical items.

3.2.2.5. Navy grants authority to DLA to make waiver decisions on Negligible rated shade failures for
Non-Shade Critical items.

3.3. Waiver Evaluation Processing Time


3.3.1. Waiver requests from DLA to the Services (on behalf of the prime contractor) will include failing
sample swatch(es), all applicable DD form 1222s, and a submitted Engineering Support Request (339) if
required by the Service. Processing time begins when samples and DD1222s have been received by the
lead Service. DLA will determine whether the request is non-emergency or emergency.

3.3.1.1. Non-Emergency - Services will respond to shade waiver requests within 15 calendar days of
receiving samples swatches and DD 1222.

3.3.1.2.
Emergency - Services will respond to shade waiver requests within 7 calendar days of receiving
samples swatches and DD 1222.

3.3.2. If DLA does not receive the Service’s response to the waiver request within the timeframes
specified in section 3.3.1.1 and 3.3.1.2 above, DLA will make the waiver decision locally, regardless of
shade criticality or failure rating.

3.4. Waiver Approval Fees

3.4.1. When requesting a waiver for failed fabric, Prime Contractors shall report the fabric cost per yard
to the Contracting Office for the purpose of cost calculation. If the cost of the fabric is not provided to
the contracting officer, fees will be determined by the contracting officer.

3.4.2. Based on the cost of the fabric, the following fees will apply for material waived for shade
failures:
Negligible Failure Approval- UP TO 0.5%
Significant Failure Approval- UP TO 1%
Poor Failure Approval- UP TO 3%

3.4.3. The contracting officer reserves the right to waive all waiver fees on a case-by-case basis.