# Class Deviation 2022-O0001
# Class Deviation 2022-O0001 - Revision 1 – Threshold for Obtaining Certified Cost or Pricing Data for Subcontracts and Price Adjustments

Status: Active
Date Issued: October 5, 2021
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers
Authority: Section 814 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283), which modifies 10 U.S.C. 2306a

## Summary

This deviation raises the threshold for obtaining certified cost or pricing data from $750,000 to $2 million for subcontract awards and for changes or modifications to prime contracts or subcontracts at any tier. Contracting officers must use five deviation clauses in lieu of their corresponding FAR clauses and must not use the alternates to FAR 52.214-28, 52.215-12 or 52.215-13. Upon contractor request, contracting officers must also modify existing contracts to incorporate the applicable deviation clauses without requiring consideration.

## Required Contracting Officer Actions

1. Use $2 million, in lieu of $750,000 at FAR 15.403-4(a)(1), as the threshold for obtaining certified cost or pricing data for subcontract awards and for changes or modifications to prime contracts or subcontracts at any tier.
2. Use the five deviation clauses in Attachment 1 in lieu of FAR 52.214-27, 52.214-28, 52.215-11, 52.215-12 and 52.215-13.
3. Do not use Alternate I of FAR 52.214-28, Alternate I of FAR 52.215-12 or Alternate I of FAR 52.215-13, as these alternates conflict with the deviation clauses.
4. Upon contractor request, modify existing contracts as soon as practicable, without requiring consideration, to incorporate the applicable deviation clauses.

## Affected Provisions and Clauses

### 52.214-27, Price Reduction for Defective Certified Cost or Pricing Data—Modifications—Sealed Bidding (Clause)
- Prescribed in: 14.201-7(b)
- Change type: REPLACED
- Action: Replace with deviation version raising the threshold from $750,000 to $2 million for sealed bidding contracts

### 52.214-28, Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding (Clause)
- Prescribed in: 14.201-7(c)
- Change type: REPLACED
- Action: Replace with deviation version raising the threshold from $750,000 to $2 million for sealed bidding contracts; Alternate I must not be used

### 52.215-11, Price Reduction for Defective Certified Cost or Pricing Data—Modifications (Clause)
- Prescribed in: 15.408(c)
- Change type: REPLACED
- Action: Replace with deviation version raising the threshold from $750,000 to $2 million for negotiated contracts

### 52.215-12, Subcontractor Certified Cost or Pricing Data (Clause)
- Prescribed in: 15.408(d)
- Change type: REPLACED
- Action: Replace with deviation version raising the threshold from $750,000 to $2 million; Alternate I must not be used

### 52.215-13, Subcontractor Certified Cost or Pricing Data—Modifications (Clause)
- Prescribed in: 15.408(e)
- Change type: REPLACED
- Action: Replace with deviation version raising the threshold from $750,000 to $2 million; Alternate I must not be used

## Notes

Revision Purpose: This revision supersedes Class Deviation 2022-O0001 issued on October 5, 2021. The revision corrects the TINA threshold expressed at 52.214-27 (DEVIATION) paragraph (a).

Duration: The deviation remains in effect until incorporated into the DFARS or otherwise rescinded.

Inflation Adjustments: If the $2 million threshold is later adjusted for inflation under FAR 1.109(a), the adjusted threshold applies throughout the remaining term of the contract unless a subsequent adjustment is made.

## 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 52.214-27 specifically?
- Are there any SAM registration implications?

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Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA002033-21-DPC.pdf