Contingency Contracting Policy

Procurement policy requirements for contingency contracting appear in regulations and memorandums. The Federal Acquisition Regulation (FAR) Part 18 and Defense FAR Supplement (DFARS) Part 218, “Emergency Acquisitions,” provide the overriding regulatory guidance for contingency contracting. FAR Subpart 25.4 and DFARS Subpart 225.4, “Trade Agreements” also apply.

The following are contingency contracting memorandums issued by the Office of the Secretary of Defense to promulgate contingency procurement policy, organized by topic.

For policies specific to an operation, please visit the International Operations page.

Policy Topics

Authority / Class Deviations

Date Signed Signed by Title
29-Dec-15 DPAP Class Deviation 2016-O0004-Authority to Acquire Products and Services Produced in Afghanistan or in Countries Along a Major Route of Supply to Afghanistan
Summary: This class deviation supersedes class deviation 2014-O0014 and implements:  Section 801 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010, as recently amended by sections 886 and 1214 of the NDAA for FY 2016; and Section 886 of the NDAA for FY 2008, as recently amended by section 886 of the NDAA for FY 2016. Contracting officers shall use the following procedures and this class deviation to the extent feasible, in lieu of DFARS 225.7703, 252.225-7023, 252.225-7024, and 252.225-7026, when acquiring products or services in support of military or stability operations in Afghanistan. 
12-Jan-15 DPAP Class Deviation–Contractor Personnel Performing in the U.S. Central Command Area of Responsibility
Summary: This class deviation provides policy and related attachments regarding use of DFARS 252.225.7995 instead of DFARS 252.225.7040.
24-Dec-14 DPAP Permanent Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items
Summary: This class deviation provides policy and related attachments regarding simplified acquisition procedures for certain commerical items as stated by FAR 13.5.
06-Oct-14 DPAP Class Deviation-Requirement for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility
Summary: This class deviation provides policy and related attachments regarding performance contracts in SOCOM's AOR.
17-Sep-14 DPAP Class Deviation-Prohibition on Contracting with the Enemy
Summary: This class deviation provides policy and related attachments regarding the prohibition on contracting with the enemy.
13-Jan-14 DPAP Class Deviation-Requirements for Contractor Personnel Performing in Djibouti
Summary: This class deviation provides policy and related attachments to include the applicable clause in all solicitations and contracts performed in Djibouti.
26-Feb-10 DPAP Class Deviation 2009-O0010 to DFARS for Continuation of Essential Contractor Services
Summary: This memorandum informs components that when working with contractors performing essential services they must develop and implement plans and procedures that will provide reasonable assurance of the continuation of essential services during any crisis situation using contractor employees or other resources as necessary.
27-Aug-09 DPAP Class Deviation to the DFARS for Continuation of Essential Contractor Services
Summary: This memorandum ensures continuity of DoD contractor services during crises, including services provided to Foreign Military Sales customers.
19-Aug-09 DPAP Class Deviation from DAR 32.9, Prompt Payment for Emergencies and Contingencies
Summary: This memorandum allows all DoD contracting agencies to deviate from the requirements of FAR 32.9, “Prompt Payment,” in defined emergency or contingency situations.
3-Sep-08 DPAP Class Deviation–Contract Actions Supporting Contingency Operations or Facilitating Defense Against Recovery from Nuclear, Biological, Chemical or Radiological Attack
Summary: This memorandum permits contracting activities to make determinations that otherwise would need to be made by the head of the agency, for contract actions that support contingency operations or facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack.
17-Oct-07 DPAP Class Deviation–SPOT to Account for Contractor Personnel Performing in the U.S. Central Command Area of Responsibility
Summary: This memorandum provides a new clause designating SPOT as the central repository for information on contractors deploying with the forces.
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Operational Contract Support

Date Signed Signed by Title
5-Nov-09 DPAP Standardized Operational Contract Support (OCS) Webpage
Summary: This memorandum requires Geographic Combatant Commands to establish a standardized Operational Contracting Support (OCS) webpage, in furtherance of DFARS PGI 225-74, "Solicitation and Award of Contracts for Performance in a Foreign Country or Delivery to any Unified Combatant Command Theater of Operation."
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