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R-DFARS PGI Section Revision 1

PGI 216.104-70

Executive Order 14402 justification for covered contracts and orders.
Source .docx attachment →
Effective Date
July 15, 2026
Class Deviation
DFARS Part

This text is not in eCFR or DITA. It is extracted from the .docx attachment for Class Deviation 2026-O0045, which directs contracting officers to use it in place of the codified PGI. The parsed text is a convenience layer; the .docx attachment is authoritative.

(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.

Authoritative source

Issued as an attachment to the Office of the Secretary of Defense memorandum for Class Deviation 2026-O0045, signed July 15, 2026. Verify against the attachment before relying on this text.

Codified PGI

The codified text remains published on acquisition.gov but is superseded by this Class Deviation. View codified PGI 216.104-70.