Effective immediately, for the purpose of implementing requirements pertaining to limitations on pass-through charges, DoD contracting officers shall use FAR 15.408(n)(1); 15.408(n)(2)(i)(B); 15.408(n)(2)(iii); 31.203(i); the provision at 52.215-22; and the clause at 52.215-23 and its Alternate I, in lieu of DFARS 215.408(3) and (4); 231.201-2; 231.203(d); the provision at 252.215-7003; and the clause at 252.215-7004 and its Alternate I.
The DFARS text implements section 852 of the National Defense Authorization Act for Fiscal Year 2007 and has been superseded by a FAR rule 852 as well as section 866 of the National Defense Authorization Act for Fiscal Year 2009. This class deviation therefore eliminates the identified DFARS text, provisions, and clauses as obsolete, appropriately focusing on the FAR interim rule.
Additionally, this memorandum provides a deviation from FAR 15.408(n)(2)(i)(B)(2) to add an exception for fixed-price incentive contracts awarded on the basis of adequate price competition. The deviations to the FAR and DFARS are attached. This deviation is effective until incorporated into the FAR and DFARS, or otherwise rescinded.