Government Contracts DoD Issues Two Class Deviations
Wednesday, August 4, 2021

DoD Issues Two Class Deviations

By Government Contracts Editorial Staff

The Department of Defense has issued Class Deviation 2021-O0006, Department of State Rescission of Determination Regarding Sudan, and Class Deviation 2021-O0007, Peer Reviews of Acquisitions for Supplies and Services.

Sudan. Class Deviation 2021-O0006 prescribes the use of DFARS 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (DEVIATION 2021-O0006), in lieu of the provision at DFARS 252.225-7050. The notice also prescribes DFARS 252.225-7051, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services (DEVIATION 2021-O0006), in lieu of the clause at DFARS 252.225-7051. Both regulations invoke 10 USC 2327. In addition, in accordance with 10 USC 2327(b), unless the Secretary of Defense grants a waiver, contracting officers may not award contracts to a firm affiliated with a government of a country that is a state sponsor of terrorism. This class deviation implements the Department of State Public Notice: 11281, Rescission of Determination Regarding Sudan, announcing the removal of Sudan from the U.S. list of state sponsors of terrorism. For the text of the June 24, 2021, notice, see ¶70,245.137.

Peer Review. Class Deviation 2021-O0007 rescinds and supersedes Class Deviation 2019-O0010 (¶70,245.104). The new deviation updates the peer review requirements, increases the threshold for pre-award peer reviews of noncompetitive procurements, and provides further guidance to be used in identifying actions subject to peer reviews. Defense Pricing and Contracting will conduct peer reviews for noncompetitive contract actions (e.g., new contracts, modifications to existing contracts, requests for equitable adjustment, claims) valued at $1 billion or more or for any other contract action designated by the Under Secretary of Defense for Acquisition and Sustainment as requiring a peer review, regardless of value. Pre-award peer reviews for competitive procurements will be conducted for all procurements under major defense acquisition programs for which USD(A&S) is the milestone decision authority with an estimated value at $1 billion or more. DPC will no longer conduct, as a matter of course, post-award peer reviews for acquisitions of services with a total estimated value greater than $1 billion in accordance with DFARS 201.170(a)(1)(iii). For the text of the June 25, 2021, notice, see ¶70,245.138.

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