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PGI 216.104-70: Executive Order 14402 justification for covered contracts and orders.

R-DFARS PGI › Part 216 › PGI 216.104-70 · issued under 2026-O0045

Deviated Text
This text comes from the Word attachment to class deviation 2026-O0045, not from acquisition.gov. The deviation memo directs contracting officers to use it in place of the codified PGI. The source attachment linked below is authoritative.

Text

(a) Justifications requiring Under Secretary of Defense (Acquisition & Sustainment) (USD(A&S)) approval must be submitted through the head of the contracting activity to the Defense Pricing, Contracting, and Acquisition Policy (DPCAP) office at osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil.

(b) Solicitations issued on or after July 15, 2026, require an approved justification prior to solicitation issuance. When USD(A&S) is the approving authority, submit the justification for approval to DPCAP—

(1) As soon as practicable for solicitations anticipated to be issued before October 1, 2026; or

(2) No less than 60 days prior to solicitation issuance if anticipated on or after October 1, 2026.

(c) Solicitations issued before July 15, 2026, with a planned award date after July 15, 2026, require an approved justification before award, but no later than July 15, 2027. When USD(A&S) is the approving authority, submit the justification to DPCAP—

(1) As soon as practicable for planned award dates before October 1, 2026; or

(2) No less than 60 days prior to award for planned award dates on or after October 1, 2026.

(d) If an existing covered contract has at least 18 months remaining in the period of performance (including all options) as of July 15, 2026, an approved justification is required by July 15, 2027. When USD(A&S) is the approving authority, submit justifications for approval to DPCAP—

(1) As soon as practicable if the current period of performance ends prior to March 1, 2027; or

(2) No less than 120 days prior to the end of the current period of performance if the end date is on or after March 1, 2027.

(e) For assisted acquisitions, use the FAR 16.104 threshold applicable to the requesting agency (i.e., funding agency) to determine whether approval by the head of the agency is required. The servicing agency, in consultation with the requesting agency, is responsible for developing, approving, and reporting the required justification. These responsibilities may be performed by the requesting agency if mutually agreed upon by the parties in an interagency agreement.

Sources: Deviation attachment (.docx) · Codified PGI 216.104-70