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OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2024-O0005
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Class Deviation—Temporary Authorizations for Covered Contracts Related to
Ukraine, Taiwan, and Israel
Effective immediately, this class deviation rescinds and supersedes Class Deviation
2023-O0003, Revision 2, issued on September 18, 2023, which authorized temporary acquisition
flexibilities for covered contracts related to Ukraine. Contracting officers may use the following
temporary acquisition flexibilities for covered contracts related to Ukraine, Taiwan, and Israel
provided by section 1244(a) and (c) of the James M. Inhofe National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2023, as amended by section 1242 of the NDAA for FY 2024.
(A) Definitions. As used in this class deviation—
“Covered contract” means a contract or modification of a contract awarded by DoD, or a
subcontract or modification of a subcontract under a contract awarded by DoD, to—
(1) Build or replenish the stocks of critical munitions and other defense articles of
DoD;
(2) Provide materiel and related services to foreign allies and partners that have
provided support to Ukraine, Taiwan, or Israel; or
(3) Provide materiel and related services to Ukraine, Taiwan, or Israel.
“Head of an agency” means the Secretary of Defense; the Secretary of the Army; the
Secretary of the Navy; or the Secretary of the Air Force.
Class Deviation 2024-O0005
Temporary Authorizations for Covered Contracts Related to Ukraine, Taiwan, and Israel
(B) Use of Other Than Competitive Procedures.
(1) A covered contract may be presumed to be in the public interest for purposes of
meeting the requirements of FAR 6.302-7, Public Interest. Contracting officers may award a
covered contract under the authority of FAR 6.302-7 without providing for full and open
competition. FAR 6.302-7(b) is not applicable to awards made under this authority. The
documentation otherwise required by FAR 6.303 is not required in the case of a covered
contract.
(2) 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 specified at FAR 6.302-7(a)(2) no lower
than an officer or employee who—
(a) If a member of the Armed Forces, is a general or flag officer; or
(b) If a civilian, is serving in a position in a grade above GS-15 under the General
Schedule (or in an equivalent or higher position under another schedule).
(3) In lieu of the requirement at FAR 6.302-7(c)(2), not later than 7 days before
awarding a covered contract using the authority in paragraph (B)(1) of this deviation, the head of
an agency shall submit written notification of use of this authority to the congressional defense
committees.
(C) Special Emergency Procurement Authorities. Notwithstanding FAR part 18 and DFARS
part 218, contracting officers may apply the special emergency procurement authorities to
covered contracts in accordance with the following thresholds:
(1) Micro purchase threshold:
(a) $20,000 in the case of a covered contract to be awarded and performed, or
purchase to be made, inside the United States; and
(b) $35,000 in the case of a covered contract to be awarded and performed, or
purchase to be made, outside the United States.
(2) Simplified acquisition threshold:
(a) $800,000 in the case of a covered contract to be awarded and performed, or
purchase to be made, inside the United States; and
(b) $1,500,000 in the case of a covered contract to be awarded and performed, or
purchase to be made, outside the United States.
(3) Simplified procedures at FAR subpart 13.5 are authorized for purchases of products
and services for amounts greater than the simplified acquisition threshold but not greater than
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Class Deviation 2024-O0005
Temporary Authorizations for Covered Contracts Related to Ukraine, Taiwan, and Israel
$15 million for which the contracting officer reasonably expects, based on the nature of the
products or services sought and on market research, that offers will include only commercial
products or commercial services.
(4) The head of an agency carrying out a procurement for a covered contract may treat
the product or service as a commercial product or a commercial service for the purpose of
carrying out the procurement. A covered contract in an amount of more than $20 million that is
awarded on a sole-source basis for a product or service treated as a commercial product or a
commercial service is not exempt from:
(a) Cost accounting standards, notwithstanding FAR 12.214; or
(b) Certified cost or pricing data requirements, notwithstanding FAR 15.403-1(b)(3).
(D) Undefinitized Contract Actions. Notwithstanding DFARS 217.7404-5(b), for covered
contracts, the head of an agency may waive the limitations in DFARS 217.7404(a), Foreign
military sales contracts; 217.7404-3, Definitization schedule; and 217.7404-4, Limitations on
obligations.
(E) Temporary Exemption from Certified Cost or Pricing Data Requirements.
(1) The head of an agency may waive requirements for certified cost and pricing data
requirements (FAR 15.403-4) for covered contracts and subcontracts if in awarding or modifying
a covered contract the contracting officer determines price reasonableness based upon actual cost
and pricing data of the same or similar products for DoD.
(2) An exemption for a covered contract also applies to subcontracts under that contract.
(F) Technical Data Packages for Large-Caliber Cannon. The requirements of section 7542 of
title 10, United States Code, which include the funding restriction that DoD appropriated funds
may not be used to transfer to a foreign country a technical data package for a defense item being
manufactured or developed in an arsenal or to assist a foreign country in producing such a
defense item, do not apply to the transfer of technical data to an international partner for the
production of large-caliber cannons and associated parts produced for—
(1) The replacement of defense articles from stocks of the Department of Defense
provided to Ukraine, Taiwan, or Israel or to foreign countries that have provided support to
Ukraine, Taiwan, or Israel;
(2) Contracts awarded by the Department of Defense to provide materiel directly to
Ukraine, Taiwan, or Israel; or
(3) Use by Ukraine, Taiwan, or Israel.
(G) Multiyear Procurement Authority For Certain Munitions.
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Class Deviation 2024-O0005
Temporary Authorizations for Covered Contracts Related to Ukraine, Taiwan, and Israel
(1) In accordance with sections 1244(c) and 1242, beginning in FY 2023 or FY 2024, the
head of an agency may enter into one or more multiyear contracts to procure the systems, items,
services, and logistics support associated with the systems listed in paragraph (G)(2) of this
deviation within the specified limitations and may utilize existing contracts covering such
programs. The requirements in the following paragraphs do not apply to these procurements:
(a) 217.170 paragraphs (a) through (c).
(b) 217.170 paragraphs (d)(1)(i) through (iii).
(c) 217.170 paragraph (d)(4).
(d) 217.172 paragraphs (a) and (b).
(e) 217.172 paragraphs (f) and (g).
(f) 217.172 paragraph (h)(2)(viii)(A), certification requirement. Although the
certification is not required, the head of an agency is still required to provide the information
listed at (h)(2)(viii)(A)(1) through (3) to the congressional defense committees.
(g) 217.172 paragraph (h)(2)(viii)(B).
(h) 217.172(h)(3) through 217.172(j).
The requirements at FAR 17.105-1(b) and 17.106-3 (except for 17.106-3(c)) do not apply to
these procurements.
(2) Following is the list of items for which the authorities in sections 1244(c) and 1242
may be used:
(a) 864,000 XM1128, XM1113, M107, and M795 (155mm rounds);
(b) 12,000 AGM–179 Joint Air-to-Ground Missiles (JAGM);
(c) 700 M142 High Mobility Artillery Rocket Systems (HIMARS);
(d) 1,700 MGM–140 Army Tactical Missile Systems (ATACMS);
(e) 2,600 Harpoons;
(f) 1,250 Naval Strike Missiles;
(g) 106,000 Guided Multiple Launch Rocket Systems (GMLRS);
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Class Deviation 2024-O0005
Temporary Authorizations for Covered Contracts Related to Ukraine, Taiwan, and Israel
(h) 3,850 PATRIOT Advanced Capability–3 (PAC–3) Missile Segment
Enhancement (MSE);
(i) 5,600 FIM–92 Stinger;
(j) 28,300 FGM–148 Javelin;
(k) 5,100 AIM–120 Advanced Medium-Range Air-to-Air Missile (AMRAAM);
(l) 2,250,000 Modular Artillery Charge System (MACS);
(m) 12,050 155m Excalibur M982A1;
(n) 950 Long Range Anti-Ship Missiles (LRASM);
(o) 3,100 Joint Air-to-Surface Standoff Missiles (JASSM);
(p) 1,500 Standard Missile–6 Missiles (SM–6);
(q) 5,100 Sidewinder Missiles (AIM–9X);
(r) 3,300 Tomahawk Cruise Missiles;
(s) 1,100 Precision Strike Missiles (PrSM);
(t) 550 Mark 48 Torpedoes;
(u) 1,650 RIM 162 Evolved Sea Sparrow Missiles (ESSM);
(v) 1,980 RIM 116 Rolling Airframe Missiles (RAM); and
(w) 11,550 Small Diameter Bomb IIs (SDB-II).
(3) To the extent and in such amounts as specifically provided in advance in
appropriations Acts for the purposes described in paragraph (G)(2) of this deviation, the head of
an agency may enter into one or more contracts for advance procurement associated with a
program listed in paragraph (G)(2) of this deviation and for systems and subsystems associated
with such program in economic order quantities when cost savings are achievable.
(4) A contract entered into under paragraph (G)(1) of this deviation shall provide that
any obligation to make a payment under the contract for a fiscal year after fiscal year 2023 is
subject to the availability of appropriations for that purpose for such later fiscal year.
(H) Special Reporting Requirements.
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Class Deviation 2024-O0005
Temporary Authorizations for Covered Contracts Related to Ukraine, Taiwan, and Israel
(1) Agencies using the authority at paragraph (B) of this deviation shall provide written
notification, not later than 7 days before contract award, to the congressional defense committees
and Defense Pricing and Contracting (DPC) at osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil.
The notification shall include the following:
(a) Program name.
(b) Contract number, and modification number, if applicable.
(c) Total estimated contract value (including options).
(d) Contracting activity name and DoDAAC.
(e) Contractor name and Commercial and Government Entity (CAGE) code.
(f) Quantities and/or period of performance.
(g) Reason for using the authority.
(h) Expected outcome of using the authority, including estimated reductions in
schedule.
(2) When using the authorities provided in this deviation, agencies shall provide written
notification, within 7 days after award, to the congressional defense committees and DPC at
osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil. The notification shall include the following:
(a) Program name.
(b) Contract number, and modification number, if applicable.
(c) Total estimated contract value (including options).
(d) Contracting activity name and DoDAAC.
(e) Contractor name and CAGE code.
(f) Quantities and/or period of performance.
(g) Specific authority used.
(h) Reason for use of the authority.
(i) Expected outcome of using the authority, including estimated reductions in
schedule.
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Class Deviation 2024-O0005
Temporary Authorizations for Covered Contracts Related to Ukraine, Taiwan, and Israel
This class deviation implements section 1244(a) and (c) of the NDAA for FY 2023, as
amended by section 1242 of the NDAA for FY 2024, and remains in effect until September 30,
2028. My point of contact is Ms. Kimberly Ziegler, DPC/DARS, who may be reached at
kimberly.r.ziegler.civ@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing and Contracting
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