Authority
Section 1804(b) of the National Defense Authorization Act for Fiscal Year 2026 (Pub. L. 119-60)
Summary
This deviation revises and supersedes Class Deviation 2026-O0017, issued December 19, 2025. It implements section 1804(b) of the National Defense Authorization Act (NDAA) for Fiscal Year 2026 (Pub. L. 119-60). Contracting officers must use the approval authorities in Table 206-1 at Defense Federal Acquisition Regulation Supplement (DFARS) 206.104-72 instead of those at Federal Acquisition Regulation (FAR) 6.104-2, Table 6-1, on the Revolutionary FAR Overhaul (RFO) web page.
Contracting Officer Actions
1
Use the approval authorities for other than full and open competition in Table 206-1 at DFARS 206.104-72. Do not use the approval authorities at FAR 6.104-2, Table 6-1, on the RFO web page.
2
Insert provision 252.206-7000, Domestic Source Restriction, in all solicitations restricted to domestic sources under FAR 6.103-3.
3
For sole-source 8(a) contracts not exceeding $100 million, no justification and approval is required per DFARS 206.104-70(a).
4
For sole-source 8(a) contracts exceeding $100 million, prepare a written justification per FAR 6.104-1. Obtain approval per DFARS 206.104-72 and post related information after award per FAR 6.301.
5
For non-competitive follow-on acquisitions citing FAR 6.103-1, follow the procedures at DFARS PGI 206.104-72. Include a copy of the previous justification and document whether planned competition barriers were removed.
6
For solicitations using a brand-name or equal description, or proprietary specifications and standards, prepare a justification and approval per FAR 6.104 as required by section 888(a) of the NDAA for Fiscal Year 2017 (Pub. L. 114-328).
7
For contracts awarded to colleges or universities citing FAR 6.103-5, confirm the applicable statutory conditions at DFARS 206.103-5(d) are met. Submit draft notice of intent with supporting documentation through channels to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy.
Supersession
This deviation replaces the original Class Deviation 2026-O0017, issued December 19, 2025. Contracting officers must use this revised version immediately.
Expiration
This deviation remains in effect until rescinded or incorporated into the FAR, DFARS and DFARS PGI. No fixed expiration date applies.
Prize competition approval
Award of a contract from a prize competition exceeding $10,000 requires prior approval from the Under Secretary of Defense for Research and Engineering. Obtain approval from the program office and include it in the contract file.
Sources sought waiver
When using FAR 6.103-1, post a request for information or sources sought notice and include results in the justification. The Head of the Contracting Activity may waive this posting requirement. Waiver authority may not be delegated below a general or flag officer or Senior Executive Service member.
Inquiries
Direct questions about this deviation to osd.pentagon.ousd-a-s.mbx.dfars@mail.mil.