Class Deviation 2022-O0001
Threshold for Obtaining Certified Cost or Pricing Data for Subcontracts and Price Adjustments - Revision 1

Effective immediately, this class deviation revises and supersedes Class Deviation 2022-O0001 issued on October 5, 2021. The revision is necessary to correct the TINA threshold expressed at 52.214-27 (DEVIATION) paragraph (a).

Effective immediately, contracting officers shall use $2 million, in lieu of $750,000 at Federal Acquisition Regulation (FAR) 15.403-4(a)(1), as the threshold for obtaining certified cost or pricing data for the award of a subcontract, at any tier, or a change or modification made to a prime contract or subcontract, at any tier.

Contracting officers shall use the clauses provided in Attachment 1 of this deviation in lieu of the following FAR clauses:

  • 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data— Modifications—Sealed Bidding.
  • 52.214-28, Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding.
  • 52.215-11, Price Reduction for Defective Certified Cost or Pricing Data— Modifications.
  • 52.215-12, Subcontractor Certified Cost or Pricing Data.
  • 52.215-13, Subcontractor Certified Cost or Pricing Data—Modifications.

Contracting officers shall not use Alternate I of FAR 52.214-28, Alternate I of FAR 52.215-12, or Alternate I of FAR 52.215-13. These alternates conflict with the attached deviation clauses.

Further, contracting officers shall, upon request of the contractor, modify existing contracts as soon as practicable, without requiring consideration, to incorporate as applicable one or more of these deviation clauses.

This class deviation implements section 814 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283), which modifies 10 U.S.C. 2306a by establishing a $2 million threshold for obtaining certified cost or pricing data with respect to the award of subcontracts and price adjustments to contracts and subcontracts.

This class deviation remains in effect until it is incorporated into the DFARS, or otherwise rescinded.

Status:
Active
Effective Date: October 7, 2021 (2 months ago)
Expire Date: None Given
Official Documents: Memo
Official Attachments: 1
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