Government Contracts Class Deviation Addresses Thresholds, Emergency Procurements
News
Monday, September 24, 2018

Class Deviation Addresses Thresholds, Emergency Procurements

By Government Contracts Editorial Staff

Department of Defense Class Deviation 2018-O0018 raises the micro-purchase and simplified acquisition thresholds, and revises special emergency procurement authorities. The deviation raises the DoD micro-purchase threshold to $10,000, except the threshold is $10,000 or a higher amount for certain DoD research program and laboratory activities and for acquisitions from qualifying higher education institutions and research groups. For acquisitions supporting specified contingency operations, emergencies, and disaster assistance, the threshold is $20,000 for contracts to be awarded and performed, or purchase to be made, inside the United States, and $30,000 for any contract to be awarded and performed, or purchase to be made, outside the U.S. For simplified acquisitions, the new threshold is $250,000. However, for acquisitions supporting certain contingency operations, emergencies, and disaster assistance, the threshold is $750,000, if the contract will be awarded and performed, or the purchase will be made, inside the U.S., and $1.5 million, for any contract to be awarded and performed, or purchase to be made, outside the U.S. For acquisitions of supplies or services that will be used to support a humanitarian or peacekeeping operation, the threshold is $500,000 if the contract will be awarded and performed, or purchase will made, outside the U.S.

Emergency Authorities. In addition, the deviation authorizes supplies or services to be used to facilitate recovery from a cyberattack to be treated as commercial items, and transfers the authority to determine whether an acquisition supports contingency operations, emergencies, or disaster assistance eligible for the higher thresholds from the “head of the agency” to the “head of the contracting activity.” Finally, the deviation exempts specified contingency operations, emergencies, and disaster assistance acquisitions from the DoD unique identification requirements in DFARS 211.274-2(b), the policies in DFARS 215.371-2 on receiving only one offer, and the approval requirements at DFARS 215.371-4 on the use of time-and-materials contracts. The class deviation implements section 821 of the National Defense Authorization Act for Fiscal Year 2019 (PL 115-232). This deviation also continues to implement sections 805 and 1702(a) of NDAA FY 2018 (PL 115-91) and section 217(b) of the NDAA FY 2017 (PL 114-328). This deviation supersedes Class Deviation 2018-O0013 (¶70,245.86). For the text of the August 31, 2018, deviation, see ¶70,245.91.

Back to Top

Interested in submitting an article?

Submit your information to us today!

Learn More