Government Contracts Deviations Address Small Business Subcontracting, Invoicing
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Thursday, January 10, 2019

Deviations Address Small Business Subcontracting, Invoicing

By Government Contracts Editorial Staff

The Department of Defense has issued two class deviations. Class Deviation 2019-O0003 sets forth the procedures contracting officers must follow when issuing solicitations and awarding contracts or task or delivery orders under FAR Part 19 to small business concerns, 8(a) Program participants, Historically Under Utilized Business Zone small businesses, service-disabled veteran-owned small businesses, economically disadvantaged women-owned small businesses, and concerns eligible under the WOSB Program. Clauses attached to the deviation apply to each of these small business contractors and replace Federal Acquisition Regulation and Defense FAR Supplement clauses. The new procedures, which implement revisions to the Small Business Administration’s regulations, update the limitations on subcontracting and the nonmanufacturer rule for small business in the clauses relating to set-aside and sole source awards under FAR Part 19. This deviation went into effect on December 3, 2018 and will remain in effect until it is incorporated in the FAR and DFARS, or other, wise rescinded. The text of this deviation appears at ¶70,245.97.

Electronic Submission. Class Deviation 2019-O0002 specifies that, in lieu of using the clause at DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, for solicitations and contracts for packing, crating, and storage of household good belonging to DoD employees and service members, COs must continue to ensure that the contract administration data section of the contract or order specifies that invoices must be submitted to the ordering office and provide the mailing address, email address, and fax number of the responsible office. The deviation provides the ordering offices for each branch of the Armed Services. The deviation went into effect on December 10, 2018, and will remain in effect until March 31, 2020, or otherwise rescinded. For the text of this class deviation, see ¶70,245.96.

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