# Class Deviation 2024-O0005
# Class Deviation 2024-O0005 – Temporary Authorizations for Covered Contracts Related to Ukraine, Taiwan, and Israel

Status: Active
Date Issued: Effective immediately (memorandum undated; deviation number 2024-O0005)
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers and heads of agencies using covered contracts related to Ukraine, Taiwan and Israel
Authority: Section 1244(a) and (c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, as amended by section 1242 of the NDAA for Fiscal Year 2024

## Summary

This deviation rescinds and supersedes Class Deviation 2023-O0003 Revision 2 and extends temporary acquisition flexibilities to covered contracts related to Ukraine, Taiwan and Israel. It authorizes use of other than competitive procedures, elevated procurement thresholds, simplified commercial item treatment, undefinitized contract action waivers, certified cost or pricing data waivers, technical data package transfers for large-caliber cannons and multiyear procurement authority for certain munitions. The deviation remains in effect until September 30, 2028.

## Required Contracting Officer Actions

1. For covered contracts, presume public interest is met under FAR 6.302-7 and award without full and open competition; documentation otherwise required by FAR 6.303 is not required.
2. Apply elevated micro-purchase thresholds ($20,000 inside the United States; $35,000 outside the United States) and simplified acquisition thresholds ($800,000 inside the United States; $1,500,000 outside the United States) for covered contracts.
3. Use simplified procedures under FAR subpart 13.5 for purchases up to $15 million when offers are reasonably expected to include only commercial products or commercial services.
4. Treat products or services as commercial products or commercial services for covered contract procurements when authorized by the head of an agency, but do not exempt sole-source awards over $20 million from cost accounting standards or certified cost or pricing data requirements.
5. Obtain a waiver from the head of an agency before waiving certified cost and pricing data requirements under FAR 15.403-4, and base price reasonableness on actual cost and pricing data of the same or similar products for DoD.
6. Submit written notification to the congressional defense committees and DPC at osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil no later than 7 days before awarding a covered contract using the other-than-competitive-procedures authority in paragraph (B).
7. Submit written notification to the congressional defense committees and DPC at osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil within 7 days after award whenever any authority provided in this deviation is used.
8. Ensure that any multiyear contract entered into under paragraph (G)(1) includes a provision stating that obligations for fiscal years after FY 2023 are subject to the availability of appropriations.

## Affected Provisions and Clauses

### DFARS 206.302-7(c), Other Than Full and Open Competition — Public Interest (Clause)
- Change type: MODIFIED
- Action: Notwithstanding DFARS 206.302-7(c), the head of an agency may delegate the determination authority to general or flag officers or civilians serving above GS-15.

### DFARS 217.170, Multiyear Contracting — General (Clause)
- Change type: MODIFIED
- Action: Paragraphs (a) through (c), (d)(1)(i) through (iii) and (d)(4) of DFARS 217.170 do not apply to multiyear procurements for the munitions listed in paragraph (G)(2) of the deviation.

### DFARS 217.172, Multiyear Contracts for Military Systems (Clause)
- Change type: MODIFIED
- Action: Paragraphs (a), (b), (f), (g), (h)(2)(viii)(A) certification, (h)(2)(viii)(B) and (h)(3) through (j) of DFARS 217.172 do not apply to multiyear procurements for the munitions listed in paragraph (G)(2) of the deviation. The head of an agency must still provide the information at (h)(2)(viii)(A)(1) through (3) to the congressional defense committees.

### DFARS 217.7404-3, Undefinitized Contract Actions — Definitization Schedule (Clause)
- Change type: MODIFIED
- Action: The head of an agency may waive the limitations in DFARS 217.7404-3 for covered contracts, notwithstanding DFARS 217.7404-5(b).

### DFARS 217.7404-4, Undefinitized Contract Actions — Limitations on Obligations (Clause)
- Change type: MODIFIED
- Action: The head of an agency may waive the limitations in DFARS 217.7404-4 for covered contracts, notwithstanding DFARS 217.7404-5(b).

### DFARS 217.7404(a), Undefinitized Contract Actions — Foreign Military Sales Contracts (Clause)
- Change type: MODIFIED
- Action: The head of an agency may waive the limitations in DFARS 217.7404(a) for covered contracts, notwithstanding DFARS 217.7404-5(b).

### FAR 12.214, Cost Accounting Standards (Clause)
- Change type: MODIFIED
- Action: The exemption from cost accounting standards under FAR 12.214 does not apply to sole-source covered contracts over $20 million treated as commercial products or commercial services.

### FAR 15.403-1(b)(3), Exceptions to Certified Cost or Pricing Data Requirements — Commercial Products and Services (Clause)
- Change type: MODIFIED
- Action: The commercial product or service exception to certified cost or pricing data requirements does not apply to sole-source covered contracts over $20 million.

### FAR 15.403-4, Requiring Certified Cost or Pricing Data (Clause)
- Change type: MODIFIED
- Action: The head of an agency may waive certified cost and pricing data requirements for covered contracts and subcontracts when price reasonableness is determined based on actual cost and pricing data of the same or similar products for DoD.

### FAR 17.105-1(b), Multiyear Contracting — Authorization (Clause)
- Change type: MODIFIED
- Action: The requirements at FAR 17.105-1(b) do not apply to multiyear procurements for the munitions listed in paragraph (G)(2) of the deviation.

### FAR 17.106-3, Multiyear Contracting — Agency Reporting Requirements (Clause)
- Change type: MODIFIED
- Action: The requirements at FAR 17.106-3, except for paragraph (c), do not apply to multiyear procurements for the munitions listed in paragraph (G)(2) of the deviation.

### FAR 6.302-7, Public Interest (Clause)
- Change type: MODIFIED
- Action: Covered contracts may be presumed to satisfy the public interest requirement, allowing award without full and open competition. FAR 6.302-7(b) does not apply and FAR 6.303 documentation is not required. Delegation of the determination authority is permitted down to general or flag officers or civilians above GS-15, notwithstanding FAR 6.302-7(c) and DFARS 206.302-7(c). In lieu of FAR 6.302-7(c)(2), written notification to congressional defense committees is required no later than 7 days before award.

### FAR 6.303, Justifications (Clause)
- Change type: MODIFIED
- Action: Documentation otherwise required by FAR 6.303 is not required for covered contracts awarded under the public interest authority.

### FAR part 18, Emergency Acquisitions (Clause)
- Change type: MODIFIED
- Action: Special emergency procurement authorities are applied to covered contracts using elevated thresholds for micro-purchases and simplified acquisitions, notwithstanding FAR part 18 and DFARS part 218.

### FAR subpart 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services (Clause)
- Change type: MODIFIED
- Action: Simplified procedures are authorized for covered contract purchases of commercial products or commercial services up to $15 million, exceeding the standard simplified acquisition threshold.

## Notes

Supersession: This deviation rescinds and supersedes Class Deviation 2023-O0003 Revision 2, which was issued on September 18, 2023 and covered Ukraine only.

Delegation of Authority: Notwithstanding FAR 6.302-7(c) and DFARS 206.302-7(c), the head of an agency may delegate the authority to make the determination at FAR 6.302-7(a)(2) no lower than a general or flag officer or a civilian serving above GS-15.

Undefinitized Contract Actions: Notwithstanding DFARS 217.7404-5(b), the head of an agency may waive the limitations in DFARS 217.7404(a), 217.7404-3 and 217.7404-4 for covered contracts.

Technical Data Packages: The funding restriction in 10 U.S.C. 7542 does not apply to transfers of technical data to international partners for production of large-caliber cannons and associated parts when the production supports Ukraine, Taiwan, Israel or allied nations that have supported those countries.

Multiyear Procurement — Certification: Although the certification at DFARS 217.172(h)(2)(viii)(A) is not required, the head of an agency must still provide the information listed at (h)(2)(viii)(A)(1) through (3) to the congressional defense committees.

Expiration: This deviation remains in effect until September 30, 2028.

Point of Contact: Questions should be directed to Ms. Kimberly Ziegler, DPC/DARS, at kimberly.r.ziegler.civ@mail.mil.

## 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 DFARS 206.302-7(c) 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/USA002760-23-DPC.pdf