Effective immediately, all Department of Defense contracting officers shall comply with the attached language in lieu of the FAR 2.101 definition of "contingency operation." This class deviation adds section 12304a to the list of sections of 10 U.S.C. cited in the definition of a contingency operation.
Section 515 of the National Defense Authorization Act for Fiscal Year 2012 added section 12304a to the list of sections cited in the definition of contingency operation at 10 U.S.C. 101(a)(13). Section 12304a provides for treatment of an operation as a contingency operation when the Secretary of Defense activates Reserves under the terms of 10 U.S.C. 12304a in response to a Governor's request for Federal assistance. When informed that the Secretary of Defense has invoked such authority, contracting officers may use the emergency acquisition authorities provided in FAR subpart 18.2, DFARS subpart 218.2, and in the definition of "simplified acquisition threshold” at FAR 2.101. However, the use of these authorities is limited to acquisitions in support of specifically identified emergency areas.
This class deviation remains in effect until incorporated in the FAR or is otherwise rescinded.