Archived Deviation
This deviation was archived on 2023-04-19.
The information below is preserved for reference.
Rescinded
This deviation was rescinded by Class Deviation 2020-O0012 on April 19, 2023. The original memorandum is not separately archived.
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.
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.
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This deviation remains in effect until rescinded.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.
Affected Regulatory Sections
217.7404
eCFR
search acq.gov
Limitations on Undefinitized Contract Actions
The HCA may waive the limitation at 217.7404(a)(1)(i) for UCAs related to the COVID-19 national emergency.
MODIFIED
217.7404-3
eCFR
search acq.gov
Contract Requirements
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.
MODIFIED
217.7404-4
eCFR
search acq.gov
Obligations
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.
MODIFIED