Class Deviation 2018-O0018
Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority

This class deviation rescinds and supersedes Class Deviation 2018-O0013, dated April 13, 2018. This class deviation increases the micro-purchase threshold for DoD in Class Deviation 2018-O0013, from $5,000 to $10,000. Please note, this class deviation does not change the micro-purchase threshold exceptions of $2,000 for acquisitions of construction subject to 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction); and $2,500 for acquisitions of services subject to 41 U.S.C. chapter 67, Service Contract Labor Standards, provided in the FAR 2.101 definition of "micro-purchase threshold."

Effective immediately, contracting officers and other individuals delegated micro-purchase authority shall use the revised definitions and procedures associated with the micro-purchase threshold, simplified acquisition threshold, and special emergency procurement authority provided in the attachments to this class deviation. Specifically, this class deviation makes the following changes from the FAR and DFARS-

  • Increases the micro-purchase threshold for DoD to $10,000, except the threshold is-
    • $10,000, or a higher amount as determined appropriate by the head of the agency and consistent with clean audit findings under 31 U.S.C. Chapter 75, an internal institutional risk assessment, or State law, for acquisitions of supplies and services from institutions of higher education or related or affiliated nonprofit entities, or from nonprofit research organizations or independent research institutes; and
    • For acquisitions in support of a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.); or to support a response to an emergency, or major disaster (42 U.S.C. 5122)-
      • $20,000 in the case of any contract to be awarded and performed, or purchase to be made, inside the United States; and
      • $30,000 in the case of any contract to be awarded and performed, or purchase to be made, outside the United States;
  • Deletes the definition of "micro-purchase threshold" in its entirety at DFARS 202.101.
  • Increases the simplified acquisition threshold to $250,000, except the threshold is-
    • For acquisitions in support of a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.); or to support a response to an emergency, or major disaster (42 U.S.C. 5122)-
      • $750,000 in the case of any contract to be awarded and performed, or purchase to be made, inside the United States; and
      • $1.5 million in the case of any contract to be awarded and performed, or purchase to be made, outside the United States; and
    • $500,000 for acquisitions to be used to support a humanitarian or peacekeeping operation and to be awarded and performed, or purchased, outside the United States;
  • Authorizes the supplies or services that are to be used to facilitate recovery from a cyber attack to be treated as commercial items;
  • Changes the thresholds for set-asides for small business in the Small Business Act from specified dollar amounts to the terms "micro-purchase threshold" and "simplified acquisition threshold;"
  • Delegates from the "head of the agency" to the "head of the contracting activity" the authority to determine whether an acquisition supports a humanitarian or peacekeeping operation; supports a contingency operation; facilitates defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; facilitates the provision of international disaster assistance; or supports a response to an emergency or major disaster; and
  • Exempts acquisitions in support of a contingency operation or humanitarian or peacekeeping operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster from-
    • DoD item unique identification requirements at DFARS 2l l .274-2(b);
    • The policies related to receipt of only one offer at DFARS 215.371-2; and
    • The approval requirements for use of time-and-materials contracts at DFARS 215.371-4.

This class deviation implements section 821 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). This class deviation also continues to implement sections 805 and 1702(a) of the NDAA for FY 2018 (Pub. L. 115-91) and sections 217(b), 816, and 1641 of the NDAA for FY 2017 (Pub. L. 114-328) (previously implemented under Class Deviation 2018-00013).

This class deviation remains in effect until it is incorporated in the FAR or DFARS, or until this class deviation is otherwise rescinded.

Status:
Archived
Incorporated
Effective Date: July 31, 2018 (3 years ago)
Expire Date: None Given
Incorporated: August 31, 2020 (8 months ago)
References: 2018-O0013
Official Documents: Memo
Official Attachments: 1
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