Effective immediately, subject to prior approval by the Director, Defense Procurement and Acquisition Policy (DPAP), DoD contracting officers may participate in the "Section 899 Pilot Program for Risk-Based Contracting for Smaller Contract Actions." For solicitations and contracts authorized by the Director, DPAP, for participation in the Pilot Program, contracting officers shall include the attached clause 252.215-7999, Pilot Program Regarding Risk-Based Contracting for Smaller Contract Actions (DEVIATION 2018-O0003).
This clause supports implementation of section 899 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92). Section 899 authorizes the Secretary of Defense to conduct a pilot program to increase the threshold for obtaining certified cost or pricing data under 10 U.S.C. 2306a (frequently referred to as "Truth in Negotiations Act"), which is currently $750,000, to $5 million, in order to assess the efficacy of using risk-based techniques, on a sampling basis, to evaluate cost or pricing data submitted by select contractors. This authority affords the Department a unique opportunity in a pilot setting to assess the impact(s) of raising the threshold for obtaining certified cost or pricing data on prime contracts or subcontracts.
This class deviation remains in effect until September 30, 2019, or otherwise rescinded.