03_DoD Class Deviations (03-20-2020).pdf - Class Deviations...

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Unformatted text preview: Class Deviations Page 1 of 5 DPC > Defense Acquisition Regulations System > Class Deviations Class Deviations - 20 Mar 2020 Yellow highlight indicates changes since the 7 Feb 2020 DPC Website Update. The Principal Director of Defense Pricing and Contracting issues class deviations when necessary to allow organizations to deviate from the FAR and DFARS. Below are all the current DoD class deviations in effect. All other deviations are archived by year. Up One Level Archived Class Deviations 2019 Class Deviation 2020-O0010 – Progress Payment Rates (20 March 2020) Attachment, Class Deviation 2020-O0010 – Progress Payment Rates (20 March 2020) 2018 Class Deviation 2020-O0009 - Justification and Approval Threshold for 8(a) Contracts (17 March 2020) 2014 Class Deviation 2020-O0007 – Protection of Technical Data and Computer Software Under Small Business Innovation Research Program Contracts (17 March 2020) Attachment, Class Deviation 2020-O0007 – Protection of Technical Data and Computer Software Under Small Business Innovation Research Program Contracts (17 March 2020) 2012 Class Deviation 2020-O0006 – Restriction on Acquisition of Tantalum (07 February 2020) Attachment, Class Deviation 2020-O0006 – Restriction on Acquisition of Tantalum (07 February 2020) Class Deviation 2020-O0005 – Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime (07 February 2020) Class Deviation 2020-O0005 – Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime (07 February 2020) 2017 2016 2015 2013 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1990 Class Deviation 2020-O0004 – Reporting Loss of Government Property (07 February 2020) Attachment, Class Deviation 2020-O0004 – Reporting Loss of Government Property (07 February 2020) Class Deviation 2020-O0003 - Use of Fixed-Price Contracts for Foreign Military Sales (08 January 2020) Class Deviation 2020-O0002 - Authority to Acquire Products and Services Produced in Afghanistan or in Countries Along a Major Route of Supply to Afghanistan (26 December 2019) Attachment, Class Deviation 2020-O0002 - Authority to Acquire Products and Services Produced in Afghanistan or in Countries Along a Major Route of Supply to Afghanistan (26 December 2019) Class Deviation 2020-O0001 - Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records (21 November 2019) Attachment 1, Class Deviation 2020-O0001 Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records (21 November 2019) Attachment 2, Class Deviation 2020-O0001 Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records (21 November 2019) Attachment 3, Class Deviation 2020-O0001 Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records (21 November 2019) Class Deviation 2019-O0012 - Use of DLA Energy as a Source for Fuel (27 September 2019) Class Deviation 2019-O0011 - Performance Based Payments (20 August 2019) Attachment, Class Deviation 2019-O0011 Performance Based Payments (20 August 2019) 3/20/2020 Class Deviations Page 2 of 5 Class Deviation 2019-O0010 - Peer Reviews of Contracts for Supplies and Services (20 August 2019) Class Deviation 2019-O0009 - Quick-Closeout Procedures Threshold (06 May 2019) Class Deviation 2019-O0008 - Section 890 Pilot Program to Accelerate Contracting and Pricing Processes (01 April 2019) Attachment, Class Deviation 2019-O0008 - Section 890 Pilot Program to Accelerate Contracting and Pricing Processes (01 April 2019) Class Deviation 2019-O0007 - Accounting Firms Used to Support Department of Defense Audits (21 March 2019) Attachment, Class Deviation 2019-O0007 - Accounting Firms Used to Support Department of Defense Audits (21 March 2019) Class Deviation 2019-O0005 - Small Business Subcontract Reporting (21 December 2018) Attachment 1, Class Deviation 2019-O0005 - Small Business Subcontract Reporting (21 December 2018) Class Deviation 2019-O0003 - Limitations on Subcontracting for Small Business, Revision 2 (06 May 2019) Attachment 1, Class Deviation 2019-O0003 Limitations on Subcontracting for Small Business (06 May 2019) Attachment 2, Class Deviation 2019-O0003 Limitations on Subcontracting for Small Business (06 May 2019) Attachment 3, Class Deviation 2019-O0003 Limitations on Subcontracting for Small Business (06 May 2019) Attachment 4, Class Deviation 2019-O0003 Limitations on Subcontracting for Small Business (06 May 2019) Attachment 5, Class Deviation 2019-O0003 Limitations on Subcontracting for Small Business (06 May 2019) Attachment 6, Class Deviation 2019-O0003 Limitations on Subcontracting for Small Business (06 May 2019) Rescission of Class Deviation 2019-O0002 - Nonelectronic Submission of Payment Requests for Packing, Crating, and Storage of Household Goods (21 November 2019) Class Deviation 2019-O0001 - Use of Fixed-Price Contracts (27 November 2018) Class Deviation 2018-O0021 - Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System (01 October 2018) Attachment, Class Deviation 2018-O0021 - Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System (01 October 2018) Class Deviation 2018-O0019 - Contractor Personnel Performing in Japan (30 August 2018) Attachment, Class Deviation 2018-O0019 - Contractor Personnel Performing in Japan (30 August 2018) Class Deviation 2018-O0018 - Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority (31 August 2018) Attachment 1, Class Deviation 2018-O0018 - MicroPurchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority (31 August 2018) Attachment 2, Class Deviation 2018-O0018 - Micro- 3/20/2020 Class Deviations Page 3 of 5 Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority (31 August 2018) Class Deviation 2018-O0017 - Determining Contract Type for FMS Contracts (28 June 2018) Class Deviation 2018-O0016 - Defense Commercial Solutions Opening Pilot Program (26 June 2018) Class Deviation 2018-O0015 - Threshold for Obtaining Certified Cost or Pricing Data (31 May 2018) Attachment 1, Class Deviation 2018-O0015 - Threshold for Obtaining Certified Cost or Pricing Data (31 May 2018) Attachment 2, Class Deviation 2018-O0015 - Threshold for Obtaining Certified Cost or Pricing Data (31 May 2018) Class Deviation 2018-O0011 - Enhanced Postaward Debriefing Rights (22 March 2018) Class Deviation 2018-O0009 - Pilot Program for Streamlining Awards for Innovative Technology Projects (9 January 2018) Class Deviation 2018-O0006 - Evaluation Factors for Certain Multiple-Award Task- or Delivery-Order Contracts (13 December 2017) Class Deviation 2018-O0003 - Section 899 Pilot Program Regarding Risk-Based Contracting for Smaller Contract Actions (13 December 2017) Attachment, Class Deviation 2018-O0003 - Section 899 Pilot Program Regarding Risk-Based Contracting for Smaller Contract Actions (13 December 2017) Class Deviation 2018-O0002 - One Time Deviations––Section 830(d) Pilot Program for Acceleration of Foreign Military Sales (22 March 2018) Class Deviation 2017-O0010, Independent Research and Development Technical Interchange (14 September 2017) Class Deviation 2017-O0009 Products and Services from the African Host Nation-Djibouti (15 September 2017) Attachment 1, Class Deviation 2017-O0009 Products and Services from the African Host Nation-Djibouti (15 September 2017) Attachment 2, Class Deviation 2017-O0009 Products and Services from the African Host Nation-Djibouti (15 September 2017) Attachment 3, Class Deviation 2017-O0009 Products and Services from the African Host Nation-Djibouti (15 September 2017) Class Deviation 2017-O0004 - Contractor Personnel Performing in the United States Central Command Area of Responsibility (15 September 2017) Attachment, Class Deviation 2017-O0004 - Contractor Personnel Performing in the United States Central Command Area of Responsibility (15 September 2017) Class Deviation 2017-O0002 - Enhancing the Effectiveness of the IR&D (01 December 2016) Class Deviation 2016-O0011 - Extension for the Implementation of Uniform Procurement Instrument Identifier (PIID) Numbering (26 September 2016) Class Deviation 2016-O0008 - Contractor Personnel Performing in United States Africa Command Area of Responsibility (10 June 2016) Attachment, Class Deviation 2016-O0008 - Contractor Personnel Performing in United States Africa Command Area of Responsibility (10 June 2016) 3/20/2020 Class Deviations Page 4 of 5 Class Deviation 2015-O0017 - Earned Value Management System Threshold (28 September 2015) Attachment, Class Deviation 2015-O0017 - Earned Value Management System Threshold (28 September 2015) Class Deviation 2014-O0016 - Requirements for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility (6 October 2014) Attachment, Class Deviation 2014-O0016 Requirements for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility (6 October 2014) Class Deviation 2014-O0015 - Update to Accelerated Payments to Small Businesses (15 April 2014) Class Deviation 2014-O0013 - Prohibition Against Using Fiscal year 2014 Funds to Contract with Entities Convicted of Fraud Against the Federal Government (20 March 2014) Class Deviation 2014-O0011 - Determination of Fair and Reasonable Prices When Using Federal Supply Schedule Contracts (13 March 2014) Class Deviation 2014-O0009 - Prohibition Against Using FY14 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (21 February 2014) Attachment, Class Deviation 2014-O0009 - Prohibition Against Using FY14 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (21 February 2014) Class Deviation 2014-O0007 - Prohibition on the Use of the 8 (a) Business Development Program for Acquisition of Military Simulation and Military Simulation Training (14 March 2014) Class Deviation 2014-O0004 - Prohibition Against Using FY14 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (22 October 2013) Attachment, Class Deviation 2014-O0004 - Prohibition Against Using FY14 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (22 October 2013) Class Deviation 2013-O0018 - Past Performance Evaluation Thresholds and Reporting Requirements (24 September 2013) Attachment, Class Deviation 2013-O0018 - Past Performance Evaluation Thresholds and Reporting Requirements (24 September 2013) Class Deviation 2013-O0017 - Contractor Demobilization (30 August 2013) Attachment, Class Deviation 2013-O0017 - Contractor Demobilization (30 August 2013) Class Deviation 2013-O0012 - Authorization for Contractors to Use Government Supply Sources in Support of Operation Enduring Freedom (24 April 2013) Class Deviation 2013-O0010 - Prohibition Against Using FY 2013 Funds to Contract with Corporations that have Unpaid Delinquent Tax Liability or Felony Conviction (8 April 2013) Class Deviation 2013-O0006 - Prohibition Against Using Fiscal Year 2013 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (22 January 2013) Class Deviation 2013-O0006 - Prohibition Against Using Fiscal Year 2013 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (22 January 2013) 3/20/2020 Class Deviations Page 5 of 5 Class Deviation 2013-O0006 - Prohibition Against Using Fiscal Year 2013 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (22 January 2013) Class Deviation 2012-O0013 - DCAA Policy and Procedure for Sampling Low-Risk Incurred Cost Proposals (24 July 2012) Class Deviation 2012-O0010 - Prohibition on Collection of Political Information (6 July 2012) Class Deviation 2012-O0007 - Prohibition Against Contracting with Corporations that Have a Felony Conviction (9 March 2012) Class Deviation 2012-O0007 - Prohibition Against Contracting with Corporations that Have a Felony Conviction (9 March 2012) Class Deviation 2012-O0004 -- Prohibition Against Contracting With Corporations That Have An Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (23 January 2012) Class Deviation 2012-O0004 -- Prohibition Against Contracting With Corporations That Have An Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law (23 January 2012) Class Deviation 2011-O0006 -- Utilities Privatization-Class Deviation from FAR Part 31 (31 March 2011) Class Deviation 2011-O0002 -- Congressional Notification on Significant Contract Termination (8 October 2010) This page last updated: March 20, 2020 3/20/2020 DoD Class Deviations Summaries and Expiration Dates [Added by the Defense Acquisition University] 2020-O0010: Progress Payment Rates (20 Mar 2020) Expiration Date: remains in effect until rescinded. Affects: FAR 32.502-4(a), FAR 32.502-4(c), FAR 32.504-4(d), DFARS 232.501-1, FAR 52.232-16, FAR 52.232-16 (Alternate II), DFARS 232.502-4-70(b), and DFARS 252.232-7004. Effective immediately in response to the Coronavirus Disease 2019 (COVID-19) national emergency, the progress payment rates at DFARS 232.501-1 are increased to 90 percent for large business concerns and 95 percent for small business concerns. Contracting officers shall use the following clauses attached to this class deviation as follows: Use FAR 52.232-16, Progress Payments (MAR 2020) (DEVIATION 2020-O0010), in lieu of the clause FAR 52.232-16 (APR 2012) as prescribed in FAR 32.502-4(a). Use FAR 52.232-16, Progress Payments Alternate II (MAR 2020). (DEVIATION 2020-O0010) in lieu of FAR 52.232-16, Progress Payments Alternate II (APR 2003) as prescribed in FAR 32.502-4(c). Use 252.232-7004, DoD Progress Payment Rates (DEVIATION 2020-O0010), in lieu of the clause at DFARS 252.232-7004, DoD Progress Payment Rates (OCT 2014). Also, contracting officers shall use Alternate III (APR 2003) of FAR clause 52.232-16 (APR 2012) as prescribed at FAR 32.502-4(d) along with clause FAR 52.232-16 Progress Payments (MAR 2020) (DEVIATION 2020-O0010). 2020-O0009: Justification and Approval Threshold for 8(a) Contracts (17 Mar 2020) Expiration Date: until incorporated into the DFARS or otherwise rescinded. Affects: FAR: 6.302-5(b)(4), 6.303-1(b), 6.303-2(d), 6.304(a) and 19.808-1(a). As authorized by Section 823 of the FY20 NDAA, contracting officers are not required to execute a justification and obtain approval for award of a sole source contract under the Small Business Administration’s 8(a) program for procurements valued at $100 million or less. Contracting officers shall use the threshold of $100 million in lieu of the $22 million threshold at FAR 6.302-5(b)(4), 6.303-1(b), 6.303-2(d), and 19.808-1(a). In lieu of the approval requirements at FAR 6.304(a), the approval authority for justifications of 8(a) sole source awards exceeding $100 million is the head of the procuring activity. 2020-O0007: Protection of Technical Data and Computer Software Under Small Business Innovation Research Program Contracts (17 Mar 2020) Expiration Date: until incorporated into the DFARS or otherwise rescinded. Affects: DFARS 227.7104(a) DFARS 227.7104(d) and DFARS 252.227-7018 Substitutes: DFARS 252.227-7018 Rights in Noncommercial Technical Data and Computer Software-Small Business Innovation Research (SBIR) Program (MAR 2020) (DEVIATION 2020O0007) for clause DFARS 252.227-7018 (FEB 2014) Effective immediately, contracting officers shall use the clause DFARS 252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program (MAR 2020) (DEVIATION 2020-O0007) in new solicitations and contracts awarded under the SBIR Program, when technical data or computer software will be generated during contract performance. However, contracting officers shall also use the ALTERNATE I (JUN 1995) of DFARS 252.227-7018 (FEB 2014) along with DFARS 252.227-7018 (DEVIATION 2020-O0007) in research contracts when as March 20, 2020 1 Summary (Cont’d) prescribed in DFARS 227.7104(d), the contracting officer determines in consultation with counsel that public dissemination by the contractor would be— (1) In the interest of the Government; and (2) Facilitated by the Government relinquishing its right to publish the work for sale, or to have others publish the work for sale on behalf of the Government. This class deviation implements the Small Business Administration’s Policy Directive dated April 2, 2019 extending the period of time during which the Government must protect technical data and computer software developed or generated under SBIR contracts against unauthorized use and disclosure. This protection period begins at contract award and ends 20 years after contract award. The Government may also use, and to authorize others to use on its behalf, the data for Government purposes. 2020-O0006: Restriction on Acquisition of Tantalum (7 Feb 2020) Expiration Date: until incorporated into the DFARS or otherwise rescinded. This class deviation supersedes class deviation 2019-O0006 Affects: DFARS 225.7018-5 and DFARS 252.225-7052 In lieu of DFARS clause 252.225-7052, contracting officers shall use clause 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. (DEVIATION 2020-O0006) (FEB 2020) This class deviation implements section 849 of the FY20 (NDAA) which adds tantalum to the definition of covered materials in 10 U.S.C. 2533c which prohibits the acquisition of any covered material melted or produced in any covered country (North Korea, China, Russia, or Iran), or any end item, manufactured in any covered country, that contains a covered material. “Covered material” also includes samarium-cobalt magnets, neodymium-iron-boron magnets, tungsten metal powder, and tungsten heavy alloy or any finished or semi-finished components containing tungsten heavy alloy. 2020-O0005: Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime (7 Feb 2020) Expiration Date: until incorporated into the DFARS or otherwise rescinded. Affects: DFARS subpart 252.225 This class deviation implements section 890 of the FY20 (NDAA). Contracting officers shall include provision DFARS 252.225-7974, Representation Regarding Persons that have Business Operations with the Maduro Regime, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, except for contracts that are— 1. Jointly determined by the Secretary of Defense and Secretary of State to be— • Necessary for purposes of— • Providing humanitarian assistance to the people of Venezuela; • Disaster relief and other urgent lifesaving measures; or • Carrying out noncombatant evacuations; or • Vital to the national security interests of the United States; or 2. Related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela. March 20, 2020 2 Summary (Cont’d) 2020-O0004: Reporting Loss of Government Property (7 Feb 2020) Expiration Date: until incorporated into the DFARS or otherwise rescinded. Affects: DFARS 245.102(5) and DFARS 252.245-7002 For solicitations and contracts that include the clause at FAR 52.245-1, Government Property, contracting officers shall use DFARS 245.102 Policy (DEVIATION 2020-O0004), paragraph (5) and clause DFARS 252.245-7002 Reporting Loss of Government Property (DEVIATION 2020-O0004) (FEB 2020) in lieu of DFARS 245.102(5) and the clause at DFARS 252.245-7002, Reporting Loss of Government Property. Clause DFARS 252.245-7002 (DEVIATION 2020-...
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