Contingency Contracting Hot Topics

The following articles provide additional information for contingency contracting memorandums issued by the Office of the Secretary of Defense to promulgate contingency procurement policy.

new October 10, 2017

1. In support of the multiple hurricane relief efforts across multiple locations the President has issued several declarations. As a result, DPAP is issuing a notification to clarify geographic locations considered "inside the United States" and those locations that are considered "outside the United States" for purposes of increased contracting thresholds as previously authorized by the Director, DPAP.

2. The definition of "Micro-purchase Threshold" (MPT) and "Simplified Acquisition Threshold" (SAT) make reference to the "United States." FAR 2.101 defines "United States" as the 50 States and the District of Columbia when used in a geographic sense (see definition at FAR 2.101 for exceptions). Therefore, for purposes of threshold increases authorized by Deviation 2017-O0007 "Special Emergency Procurement Authorities," and/or by FAR Part 18 and DFARS Part 218, the following is true:

- "Inside the United States" includes the 50 States and the District of Columbia

- "Outside the United States" includes, but is not limited to, the Virgin Islands, Puerto Rico, and the Caribbean region

3. Based on the above, the contracting thresholds in effect for hurricane recovery efforts are as follows:

- Contracts awarded and performed, or purchases made, in the 50 States or D.C. (inside the United States) resulting from emergency, major disaster, or contingency declaration (DEVIATION 2017-O0007, FAR 13.5, and FAR 18.201): The MPT is $20,000; the SAT is $750,000; and SAP for the acquisition of commercial items shall not exceed $13M.

- Contracts awarded and performed, or purchases made, in the Virgin Islands and Puerto Rico (outside the United States) resulting from emergency or major disaster declaration (DEVIATION 2017-O0007 and FAR 13.5): The Micro-purchase Threshold (MPT) is $30,000; the Simplified Acquisition Threshold (SAT) is $1.5M; and Simplified Acquisition Procedures (SAP) for acquisition of commercial items shall not exceed $13M.

- Contracts awarded and performed in the Caribbean region (outside the United States) resulting from SecDef designated humanitarian operation (DFARS 218.270 and FAR 13.5): The MPT is $5,000; the SAT is $300,000; and SAP for acquisition of commercial items shall not exceed $7M.

4. Previous notifications on hurricanes can be found on the DPAP Contingency Contracting website at http://www.acq.osd.mil/dpap/pacc/cc/index.html.

5. AT&L(DPAP) Contact Information--
DPAP Contingency Contracting: Phone: (571) 256-2945 (DSN 499);
Email: osd.pentagon.ousd-atl.mbx.contingency-contracting@mail.mil

new October 3, 2017

1. In response to Hurricane Irma and ongoing DoD support efforts, and in accordance with 10 U.S.C. 2561, the Secretary of Defense recently expanded the scope and duration of DoD humanitarian, disaster, and civic aid overseas to all hurricane affected areas in the Caribbean region, effective 20 Sep 2017 through 13 Oct 2017.

2. As such, the acquisition flexibilities outlined in the DPAP information release entitled "Update on Hurricane Irma (9.21.2017)" (see below), still apply to DoD purchases that are awarded and performed, or purchases that are made, outside the United States in support of respective humanitarian operations. The DoD micropurchase threshold remains at $5,000.

3. Previous notifications on Hurricane Irma can be found on the DPAP Contingency Contracting website at http://www.acq.osd.mil/dpap/pacc/cc/index.html.

4. AT&L(DPAP) Contact Information--
DPAP Contingency Contracting: Phone: (571) 256-2945 (DSN 499);
Email: osd.pentagon.ousd-atl.mbx.contingency-contracting@mail.mil

new September 20, 2017

1. An emergency declaration has been approved by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the "Stafford Act") for the U.S. Virgin Islands and Puerto Rico in response to Hurricane Maria, effective September 18, 2017. Please see www.fema.gov/disasters for specific information on the emergency declarations.

2. Pursuant to Class Deviation 2017-O0007, "Special Emergency Procurement Authorities" (http://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2017-O0007.pdf), the following threshold increases can now be applied to DoD acquisitions of supplies or services funded by DoD appropriations that are to be used to support Hurricane Maria relief operations:

- "Micro-purchase Threshold" is $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;

- The "Simplified Acquisition Threshold" is $750,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and $1.5 million for any contract to be awarded and performed, or purchase to be made, outside the United States; and

- For the acquisition of commercial items, the threshold for use of simplified acquisition procedures for certain commercial items is $13,000,000.

3. Please be aware of the applicable emergency acquisition flexibilities identified in FAR 18.203, "Emergency Declaration or Major Disaster Declaration" and DFARS 218.203 "Incidents of national significance, emergency declaration, or major disaster declaration" as they relate to Hurricane Maria efforts. Contracting officers shall consult the Disaster Response Registry via the System for Award Management (SAM) at www.sam.gov (click search records, click disaster response registry search) to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas. See FAR 26.2 as it relates to disaster or emergency assistance activities. Additionally, FAR Subpart 18.1 and DFARS Subpart 218.1 provide contracting officers other available acquisition flexibilities when certain conditions are met.

4. Additional guidance for use of the purchase card may be found in Appendix B of the DoD Charge Card Guidebook found at http://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html.

5. A new National Interest Action (NIA) Code has been established for the NIA field in the Federal Procurement Data System-Next Generation (FPDS-NG) as a means of tracking acquisition costs for Hurricane Maria. FPDS-NG system details for this NIA follow:

    NIA Code: H17M
    NIA Description: Hurricane Maria 2017
    Start Date: 09/20/2017
    End Date: 06/30/2018

6. In the event additional U.S. states or outlying areas are declared an emergency or major disaster by the President as a result of Hurricane Maria, Class Deviation 2017-O0007 will still apply and the corresponding special emergency procurement authorities shall be used. Continue to monitor the DPAP Contingency Contracting website at http://www.acq.osd.mil/dpap/pacc/cc/index.html and FEMA's Disaster Declaration page at www.fema.gov/disasters for additional information pertaining to Maria.

7. AT&L(DPAP) Contact Information:
DPAP Contingency Contracting (571) 256-2945 (DSN 499)
osd.pentagon.ousd-atl.mbx.contingency-contracting@mail.mil

new September 21, 2017

1. Pursuant to 10 U.S.C. 2561, the Secretary of Defense has authorized DoD to support humanitarian assistance and disaster relief efforts in response to Hurricane Irma in the Caribbean, effective 15 Sep 2017 through 29 Sep 2017.

2. The SecDef authorization fulfills the definition of "humanitarian or peacekeeping operation" as defined at FAR 2.101. Accordingly, for acquisitions supporting humanitarian operations in the Leeward Islands, including St. Martin and in other affected areas of the Caribbean, the simplified acquisition threshold is raised to $300,000 for DoD for any contract to be awarded and performed, or purchase to be made, outside the United States.

3. Contracting Officers shall review the other applicable acquisition flexibilities listed in FAR Part 18 and DFARS Part 218 that may be used to streamline the standard acquisition process.

4. Contracting officers supporting the humanitarian operation in response to Hurricane Irma are authorized to use the Governmentwide commercial purchase card to make a purchase that exceeds the micro-purchase threshold but does not exceed the simplified acquisition threshold as long as the criterion at DFARS 213.301(3) are met. Additional guidance for use of the purchase card may be found in Appendix B of the DoD Charge Card Guidebook found at http://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html.

5. No change has been made to FPDS‐NG reporting at this time. If any changes are made an update will be transmitted.

6. AT&L(DPAP) Contact Information--
DPAP Contingency Contracting: Phone: (571) 256-2945 (DSN 499);
Email: osd.pentagon.ousd-atl.mbx.contingency-contracting@mail.mil

new September 12, 2017

//UPDATE// The President recently approved emergency declarations in Georgia, South Carolina, and Alabama in response to Hurricane Irma. The "Special Emergency Procurement Authorities" and acquisition flexibilities outlined in the initial DPAP notification below can now be applied to acquisitions of supplies or services to support the emergency declarations in Georgia, South Carolina, and Alabama. Continue to monitor the DPAP Contingency Contracting website at http://www.acq.osd.mil/dpap/pacc/cc/index.html and FEMA's Disaster Declaration page at www.fema.gov/disasters for information pertaining to Irma.

new AS OF September 07, 2017

1. A new National Interest Action (NIA) Code has been established for the NIA field in the Federal Procurement Data System-Next Generation (FPDS-NG) as a means of tracking acquisition costs for Hurricane Irma.

2. This new NIA Code will be used strictly for reporting purposes related to Hurricane Irma.

3. FPDS-NG system details for this NIA follow:

NIA Value Name: 'Hurricane Irma 2017'
   --Web Portal/Graphical User Interface (GUI) service users may select the value 'Hurricane Irma 2017' in the National Interest Action drop-down field.
   --Contract Writing Systems (CWS) shall use the code of 'H17I' when creating/updating documents associated with the Hurricane Irma 2017 through Business Services. (Note: the 4-digit code is in the following format: alpha, numeral, numeral, alpha; with the 4th item being an "I" for Irma.)
NIA Start Date: 08/28/2017
NIA End Date: 06/30/2018

 

new AS OF September 06, 2017

1. An emergency declaration has been approved by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the "Stafford Act") for Florida, the U.S. Virgin Islands, and Puerto Rico in response to Hurricane Irma, effective September 5, 2017. Please see www.fema.gov/disasters for specific information on the emergency declarations.

2. Pursuant to Class Deviation 2017-O0007, "Special Emergency Procurement Authorities" (http://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2017-O0007.pdf), the following threshold increases can now be applied to DoD acquisitions of supplies or services funded by DoD appropriations that are to be used to support Hurricane Irma relief operations:
- The "Micro-purchase Threshold" is $20,000 in the case of any contract to be awarded and performed, or purchase to be made, inside the United States;
- The "Simplified Acquisition Threshold" is $750,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and
- For the acquisition of commercial items, the threshold for use of simplified acquisition procedures for certain commercial items is $13,000,000.

3. Please be aware of the applicable emergency acquisition flexibilities identified in FAR 18.203, "Emergency Declaration or Major Disaster Declaration" and DFARS 218.203 "Incidents of national significance, emergency declaration, or major disaster declaration" as they relate to Hurricane Irma efforts. Contracting officers shall consult the Disaster Response Registry via the System for Award Management (SAM) at www.sam.gov (click search records, click disaster response registry search) to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas. See FAR 26.2 as it relates to disaster or emergency assistance activities. Additionally, FAR Subpart 18.1 and DFARS Subpart 218.1 provide contracting officers other available acquisition flexibilities when certain conditions are met.

4. Additional guidance for use of the purchase card may be found in Appendix B of the DoD Charge Card Guidebook found at http://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html.

5. In the event additional U.S. states are declared an emergency or major disaster by the President as a result of Hurricane Irma, Class Deviation 2017-O0007 will still apply and the corresponding special emergency procurement authorities shall be used. Continue to monitor the DPAP Contingency Contracting website at http://www.acq.osd.mil/dpap/pacc/cc/index.html and FEMA's Disaster Declaration page at www.fema.gov/disasters for additional information pertaining to Irma.

6. AT&L(DPAP) Contact Information:
DPAP Contingency Contracting (571) 256-2945 (DSN 499)
osd.pentagon.ousd-atl.mbx.contingency-contracting@mail.mil

 

new AS OF September 01, 2017

1. On August 31, 2017, the Secretary of the Army approved a Mobilization Order calling up Military Reservists under 10 U.S.C. 101(a)(13)(B) to support Hurricane/Tropical Storm Harvey relief operations. Such relief operations have now been designated as a "contingency operation" as defined at FAR 2.101.

2. The emergency acquisition flexibilities at FAR 18.201 and DFARS 218.201 are hereby authorized. Agencies should exercise them in accordance with internal controls to ensure they are managed effectively and consistent with the intended purpose.

3. Effective August 31, 2017, the following threshold increases apply to acquisitions of supplies or services that are to be used to support Hurricane/Tropical Storm Harvey relief operations:
- The "Micro-purchase Threshold" is $20,000 in the case of any contract to be awarded and performed, or purchase to be made, inside the United States;
- The "Simplified Acquisition Threshold" is $750,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and
- For the acquisition of commercial items, the threshold for use of simplified acquisition procedures for certain commercial items is $13,000,000 (see FAR 13.500(c)(1)).

4. Enter code H17H in the National Interest Action data element in the Federal Procurement Data System when reporting contracting actions issued in response to Hurricane/Tropical Storm Harvey. Additional guidance for use of the purchase card may be found in Appendix B of the DoD Charge Card Guidebook found at http://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html

5. AT&L(DPAP) Contact Information:
DPAP Contingency Contracting (571) 256-2945 (DSN 499)
osd.pentagon.ousd-atl.mbx.contingency-contracting@mail.mil

 

new AS OF August 29, 2017

1. A major disaster declaration has been made by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the "Stafford Act") for the state of Texas in response to Hurricane Harvey, effective August 25, 2017.

See below link for designated counties:
https://www.fema.gov/disaster/4332

Additionally, an emergency declaration has been made by the President for the state of Louisiana in response to Tropical Storm Harvey, effective August 27, 2017. Below is a link to the White House announcement of the President's emergency declaration: https://www.whitehouse.gov/the-press-office/2017/08/28/president-donald-j-trump-approves-louisiana-emergency-declaration

2. Please note the applicable emergency acquisition flexibilities identified in FAR 18.203, "Emergency Declaration or Major Disaster Declaration" and DFARS 218.203 "Incidents of national significance, emergency declaration, or major disaster declaration" apply to Hurricane/Tropical Storm Harvey efforts. Contracting officers shall consult the Disaster Response Registry via https://www.sam.gov (click search records, click disaster response registry search) to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas. See FAR 26.2 as it relates to disaster or emergency assistance activities.

Additionally, FAR Subpart 18.1 and DFARS Subpart 218.1 provide contracting officers other available acquisition flexibilities when certain conditions are met.

3. Enter code H17H in the National Interest Action data element in the Federal Procurement Data System when reporting contracting actions issued in response to Hurricane/Topical Storm Harvey. Additional guidance for use of the purchase card may be found in Appendix B of the DoD Charge Card Guidebook found at http://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html

4. A Contingency Operation has not been designated; therefore there is no change to acquisition thresholds at this time.

 

November 7, 2016

Iraq DPO Mail Prohibited Items Poster

October 7, 2016

1. An Emergency Declaration ha s been made by the President in response to Hurricane Matthew for specific counties in Florida, Georgia, and South Carolina. See below link for specific counties:

https://www.fema.gov/news-release/2016/10/06/president-obama-signs-emergency-declaration-florida

https://www.fema.gov/news-release/2016/10/06/president-obama-signs-emergency-declaration-georgia

https://www.fema.gov/news-release/2016/10/06/president-obama-signs-emergency-declaration-south-carolina


The effective date of the declaration is October 3, 2016, and continuing.

2. Please note the emergency acquisition flexibilities identified in FAR 18.203, “Emergency Declaration or Major Disaster Declaration” and DFARS 218.203, “Incidents of National Significance, Emergency Declaration, or Major Disaster Declaration,” and also FAR 26.2 “Disaster or Emergency Assistance Activities” as it relates to the Stafford Act. Contracting officers shall consult the Disaster Response Registry via https://www.acquisition.gov to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas.

3. Further, SECDEF has authorized support of U.S. Government humanitarian operations in Haiti and Jamaica to alleviate the human suffering caused by Hurricane Matthew. DFARS 218.270 authorizes the simplified acquisition threshold to be raised to $300K for DoD purchases that are awarded and performed, or purchases that are made, outside the US in support of the operation.

4. No change has been made to the convenience check or FPDS‐NG reporting at this time. If any changes are made an update will be transmitted. Additional guidance for use of the purchase card may be found in Appendix B of the DoD Charge Card Guidebook found at http://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html

5. A Contingency Operation has not been declared at this time and therefore, additional acquisition flexibilities such as increased dollar thresholds shall not be invoked.

January 21, 2015

The Defense Procurement and Acquisition Policy Contingency Contracting office is in the process of institutionalizing enduring contingency contracting policies, processes and guidance to support future operations.  Please provide current contingency contracting related class deviations, local clauses, policies, processes and/or guidance that may be deemed as enduring.

Please submit your input to the DPAP/CC email address at osd.pentagon.ousd-atl.mbx.contingency-contracting@mail.mil, DPAP/CC asks for input by Feb 29, 2016. 

Should you have any questions prior to 5 February 2016, please contact Ms. Jayne Wilson at 703-697-1283 or jayne.e.wilson.civ@mail.mil. After 5 February 2016, please contact Ms. Julie Hammond, at 571-372-6174 or julie.a.hammond.civ@mail.mil.

January 13, 2015

Master Sergeant Jeremy J. Swistak served as the Senior Enlisted Leader and Base Support Team Lead at Headquarters (HQ), International Security Assistance Forces (ISAF)/Resolute Support (RS), Kabul, Afghanistan, in support of OPERATION ENDURING FREEDOM.  He trained and mentored international and local Afghan contracting specialists to award and effectively administered 572 service, commodity, and construction contracts valued at $125 million supporting HQ Allied Command Counterintelligence, Combined Joint Communications, Combined Joint Engineers, AFCENT Combined Air Operation Center Detachment, and the Base Support Group (BSG).  With threat conditions so restrictive that local contractors were unable to deliver critical materials, Sergeant Swistak joined a mounted patrol executing a six-hour mission to escort a 22-truck convoy successfully through enemy territory with no loss of materiel or personnel.  Not only was his presence required to verify Contracting Officer authority with Afghan security forces, but he had to charge his weapon and pull perimeter security amid crowded streets at each of over 12 checkpoints throughout Kabul.  When the office experienced hardship due to emergency absence of the Office Chief, Sergeant Swistak bridged the gap as the sole warranted CCO and ensured seamless workload management with no time lost.  Congratulations to Master Sergeant Swistak.

December 17, 2015

October 13, 2015

ECC-A issued PARC Bulletin 16-01 with updated information for contractors in Afghanistan. See also updated BSA/SOFA Frequenty Asked Questions sheet.

 

May 27, 2015

DPAP request for nominations for The Richard “Dick” Ginman Contingency Contracting Officer Excellence Award for calendar year 2014 are due by July 15, 2015. The First annual awardee for calendar year 2013 is Mr. Adam R. Goldstein (Army). Read More. 

 

May 18, 2015

The most recent CENTCOM-Joint Theater Support Contracting Command HCA Bulletin 15-07, "Afghanistan Visa Notary and Guarantor Requirement, 23 April 2015" and corresponding attachments (GIRoA Visa Application Form and Visa Notarization POCs) can be located here.

 

May 6, 2015

The most recent guidance for contracts executed in support of Operation Freedom's Sentinel (OFS) includes FAQs.  Please monitor this link for future updates.

 

April 30, 2015

Combined Joint Task Force Operations - Horn of Africa (CJTF-HOA) conducts United States Africa Command theater security operations within the Combined Joint Operations Area (CJOA).  CJTF-HOA operations have been designated as contingency operations (CLASSIFIED) under 10 U.S.C. 101(a)(13).  The following threshold increases apply to acquisitions of supplies or services that support CJTF-HOA operations within CJOA:

 - For any contract to be awarded and performed or purchase to be made outside the United States, the "micro-purchase threshold" is $30,000 and the "simplified acquisition threshold" is $1,000,000 (see definitions at FAR 2.101). 

-  For any contract to be awarded and performed or purchase to be made inside the United States, the "micro-purchase threshold" is $15,000 and the "simplified acquisition threshold" is $300,000 (see definitions at FAR 2.101). 

-  For the acquisition of commercial items, the threshold for use of simplified acquisition procedures under the "Test Program for Certain Commercial Items" is $12,000,000 (see FAR 13.500(e)(1)).

Additional guidance for use of the purchase card during Contingency, Emergency, and Humanitarian Aid Operations may be found in Appendix B of the DoD charge Card Guide book found at http://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html.

Contact details for DPAP Contingency Contracting: 571-256-2945 (DSN 499), osd.pentagon.ousd-atl.mbx.contingency-contracting@mail.mil

April 30, 2015

March 6, 2015

March 6, 2015

January 2, 2015

December 1, 2014

October 23, 2014

 

October 23, 2014

October 16, 2014

 

September 22, 2014

 

 

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