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

Status: Active

Date Issued: 2023-04-06

Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting

Scope: All DoD contracting officers

Applies to DAF/Air Force: Yes

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 revision to Class Deviation 2022-O0005 expands exceptions to certified cost or pricing data requirements at Federal Acquisition Regulation 15.403-1(b). Contracts under $7.5 million awarded to small businesses or nontraditional defense contractors via merit-based selection, SBIR or STTR are covered. Contracting Officers must enter '873Authority' in the contract action report and notify contractors of any Head of the Contracting Activity (HCA) determination to override the exemption.

Required Contracting Officer Actions

When awarding a contract, task order, delivery order or modification using this exception, enter '873Authority' (exactly as shown, without spaces) in the Description of Requirements data field of the associated contract action report.
Notify the small business concern or nontraditional defense contractor of any HCA determination not to apply the exemption from audit and records examination requirements.
Optionally submit comments on 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

52.215-2, (Clause)

Prescribed in: 15.209(b)
Change type: MODIFIED
Action: Modify clause 52.215-2

Notes

HCA Override: The head of the contracting activity may determine that certified cost or pricing data or audit and records examination is required. This determination may be based on past performance or analysis of other information specific to the award.

Performance Audit Timing: If the HCA overrides the audit exemption, the performance audit must begin within 18 months of contract completion.

STTR Audit Exemption Exclusion: The exemption from audit and records examination under FAR 52.215-2(c)(1) through (c)(3) does not extend to contracts awarded under the Small Business Technology Transfer Program.

Expiration: This class deviation remains in effect until October 1, 2024 or until rescinded.

Supersession: This revision supersedes Class Deviation 2022-O0005, Revision 1, issued September 20, 2022.