Effective immediately, this class deviation requires that agency heads notify the congressional defense committees within 30 days when making a determination in accordance with FAR 16.504(c)(1)(ii)(D)(1) to award a single-source task- or delivery order contract estimated to exceed $100 million (including all options). The class deviation text is attached.
In addition, if the task- or delivery-order contract concerns intelligence activities of the DoD, the agency head is required to notify, within 30 days of the determination at FAR 16.504(c)(1)(ii)(D)(1), the Permanent Select Committee on Intelligence of the House of Representatives if the order relates to tactical intelligence and intelligence related activities and the Select Committee on Intelligence of the House of Representative if the order relates to intelligence and intelligence-related activities other than those above.
This class deviation remains in effect until implemented in the DFARS or otherwise rescinded. We intend to publish an interim DFARS rule under DFARS Case 2009-D036. Comments received on this deviation will be considered in the formulation of the final DFARS rule.