Class Deviation 2022-O0005
Pilot Program for Streamlining Awards for Innovative Technology Projects

Effective immediately, the list of exceptions to certified cost or pricing data requirements at Federal Acquisition Regulation (FAR) 15.403-1(b) is expanded to include contracts, subcontracts, or modifications of contracts or subcontracts valued at less than $7.5 million awarded to a small business concern or nontraditional defense contractor pursuant to—

  • A technical, merit-based selection procedure, such as a broad agency announcement (see FAR 35.016(b)(2));
  • The Small Business Innovation Research Program; or
  • The Small Business Technology Transfer Program.

In addition, contracts, subcontracts, and modifications of contracts or subcontracts valued at less than $7.5 million awarded to a small business concern or nontraditional defense contractor pursuant to a technical, merit-based selection procedure or the Small Business Innovation Research Program are exempt from the requirements for audit and records examination under the clause at FAR 52.215-2, Audit and Records—Negotiations. This exemption is not extended to covered contracts, subcontracts, or modifications under the Small Business Technology Transfer Program.

Notwithstanding the exemptions provided by this deviation, the head of the contracting activity (HCA) may determine that the requirements for submission of certified cost or pricing data or audit and records examination is required based on the past performance of the specific small business or nontraditional defense contractor, or based on analysis of other information specific to the award. If the HCA makes a determination not to apply the exemption from audit and records examination requirements, the performance audit shall be initiated within 18 months of the contract completion. Contracting officers shall notify the small business concern or nontraditional defense contractor of the HCA’s determination.

This deviation implements section 873 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 (Pub. L. 114-92) for the Pilot Program for Streamlining Awards for Innovative Technology Projects, as modified by sections 896 of the NDAA for FY 2017 (Pub. L. 114-328) and 832 of the NDAA for FY 2021 (Pub. L. 116-283). This class deviation remains in effect until October 1, 2022, or otherwise rescinded.

Status:
Active
Effective Date: November 17, 2021 (17 days ago)
Expire Date: October 1, 2022 (in 10 months)
Official Documents: Memo
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