# Class Deviation 2022-O0005
# Class Deviation 2022-O0005, Revision 2—Pilot Program for Streamlining Awards for Innovative Technology Projects

Status: Active
Date Issued: Effective immediately (Revision 2, superseding Revision 1 issued September 20, 2022)
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers within USCC, USSOCOM, USTRANSCOM, the Army, Navy, Air Force, Defense Agencies and DoD Field Activities
Authority: Section 873 of the NDAA for FY 2016 (Pub. L. 114-92), as modified by sections 896 of the NDAA for FY 2017 (Pub. L. 114-328), 832 of the NDAA for FY 2021 (Pub. L. 116-283) and 862 of the NDAA for FY 2022 (Pub. L. 117-81)

## Summary

This deviation expands the exceptions to certified cost or pricing data requirements at FAR 15.403-1(b) to include contracts, subcontracts and modifications valued under $7.5 million awarded to small business concerns or nontraditional defense contractors under qualifying technical merit-based programs. Contracting officers must enter a specific data field code in contract action reports to satisfy a data collection requirement under the FY 2022 NDAA. The deviation also clarifies that such awards are exempt from audit and records examination requirements under FAR 52.215-2 paragraphs (c)(1) through (c)(3), with an exception for Small Business Technology Transfer Program awards and a head of contracting activity override provision.

## Required Contracting Officer Actions

1. When awarding a contract, task order, delivery order or modification using this exception to certified cost or pricing data, enter '873Authority' (exactly as shown, without spaces) in the Description of Requirements data field of the associated contract action report.
2. Notify the small business concern or nontraditional defense contractor if the head of the contracting activity (HCA) determines that the exemption from audit and records examination requirements will not apply.
3. Optionally submit comments regarding the use and benefits of this authority to osd.pentagon.ousd-a-s.mbx.asda-dp-c-contractpolicy@mail.mil (submission is permissive, not mandatory).

## Affected Provisions and Clauses

### 15.403-1(b), Exceptions to Certified Cost or Pricing Data Requirements (Provision)
- Change type: MODIFIED
- Action: Expand the list of exceptions to certified cost or pricing data requirements to include contracts, subcontracts or modifications valued under $7.5 million awarded to small business concerns or nontraditional defense contractors under qualifying programs.

### 52.215-2, Audit and Records—Negotiations (Clause)
- Prescribed in: 15.209(b)
- Change type: MODIFIED
- Action: Exempt qualifying contracts, subcontracts and modifications from audit and records examination requirements under paragraphs (c)(1) through (c)(3), except for awards under the Small Business Technology Transfer Program.

## Notes

HCA Override: The HCA may determine that certified cost or pricing data submission or audit and records examination is required based on the past performance of the specific contractor or analysis of other award-specific information. If the HCA waives the audit exemption, the performance audit must be initiated within 18 months of contract completion.

SBTT Program Exclusion: The exemption from audit and records examination under FAR 52.215-2 paragraphs (c)(1) through (c)(3) does not extend to contracts, subcontracts or modifications awarded under the Small Business Technology Transfer Program, even though those awards may still qualify for the certified cost or pricing data exception.

Expiration: This class deviation remains in effect until October 1, 2024 or until otherwise rescinded.

## 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 15.403-1(b) 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/USA000697-23-DPC.pdf