This deviation expired on October 1, 2024. It has not yet been formally archived by DPCAP. Do not apply this deviation to new contract actions.
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.
Contracting Officer Actions
1
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.
2
Notify the small business concern or nontraditional defense contractor of any HCA determination not to apply the exemption from audit and records examination requirements.
3
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.
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This class deviation remains in effect until October 1, 2024 or until rescinded.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.