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Class Deviation 2020-O0012-original

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Class Deviation 2020-O0012-original - Revision 1 - Undefinitized Contract Actions During the National Emergency for the Coronavirus Disease 2019

Status: Archived

Signed By: Kim Herrington, Acting Principal Director, Defense Pricing and Contracting

Scope: All DoD contracting officers

Applies to DAF/Air Force: Yes

Authority: Sections 13004 and 13005 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. 116-136)

Summary

This deviation modifies Defense Federal Acquisition Regulation Supplement (DFARS) rules for undefinitized contract actions (UCAs) related to the Coronavirus Disease 2019 (COVID-19) national emergency. The 75 percent obligation limit at DFARS 217.7404-4(a) does not apply to qualifying COVID-19 UCAs, as determined by the head of the contracting activity (HCA). The HCA may also waive limitations at DFARS 217.7404(a)(1)(i), 217.7404-3(a) and 217.7404-4(a) when necessary due to the COVID-19 emergency.

Required Contracting Officer Actions

  1. Do not apply the 75 percent obligation limit in DFARS 217.7404-4(a) to UCAs the HCA determines are related to the COVID-19 national emergency.
  2. Allow the HCA to waive limitations at DFARS 217.7404(a)(1)(i), 217.7404-3(a) and 217.7404-4(a) for COVID-19-related UCAs when the HCA determines a waiver is necessary.
  3. Treat the words 'without power of redelegation' at DFARS 217.7404-3(a)(1) as deleted for COVID-19-related UCAs.

Affected Provisions and Clauses

217.7404, Limitations on Undefinitized Contract Actions (Policy)

  • Change type: MODIFIED
  • Action: The HCA may waive the limitation at 217.7404(a)(1)(i) for UCAs related to the COVID-19 national emergency.

217.7404-3, Contract Requirements (Policy)

  • Change type: MODIFIED
  • Action: The HCA may waive the limitation at 217.7404-3(a) for COVID-19-related UCAs. The words 'without power of redelegation' at 217.7404-3(a)(1) are deleted.

217.7404-4, Obligations (Policy)

  • Change type: MODIFIED
  • Action: The 75 percent obligation limit after receipt of a qualifying proposal does not apply to COVID-19-related UCAs. The HCA may also waive the limitation at 217.7404-4(a) for such UCAs.

Notes

No Expiration Date: This deviation remains in effect until rescinded. No specific expiration date applies.

HCA Authority: The HCA makes all determinations and waivers under this deviation. Redelegation of this authority is not permitted under normal DFARS rules, but the 'without power of redelegation' language is deleted by this deviation.

Point of Contact: Contact Lt Col Bryan Lamb at 703-693-0497 or Bryan.D.Lamb.mil@mail.mil with questions.

Suggested Questions

You can ask your AI assistant:

  • What actions do I need to take for this deviation?
  • Does this deviation affect commercial acquisitions under Part 12?
  • Which clauses need to be removed from my existing contracts?
  • How does this deviation change 217.7404 specifically?
  • Are there any SAM registration implications?

Source: https://part52.dev

Generated: 2026-06-15 02:19 UTC

Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0012.pdf