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.
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. |
Date Signed |
Signed by |
Title |
15-Jul-15 |
DPAP |
Reporting Non-compliance with SPOT for Contracts OCONUS |
Summary: This memorandum requests your assistance to bring your agency's contracts into compliance with SPOT Business Rules (reference (a)) and report status back to this office within 30 days of the date of this memorandum. Further details can be found within the memorandum. |
21-Jan-15 |
DPAP |
Theater Business Clearance Update for Afghanistan |
Summary: This memorandum cancels the Theater Business Clearance Update for the USCENTCOM AOR dated 28 October 2013, and requires all DOD Contracting activities to comply with Theater Business Clearance and Government Life Support Validation requirements set forth by the Commander, CENTCOM Joint Theater Support Contracting Command. |
11-Sep-13 |
DPAP |
Theater Business Clearance Update for the USCENTCOM Area of Responsibility |
Summary: This memorandum rescinds the requirement for Theater Business Clearance of contracts for performance or delivery in Iraq set forth in OSD/DPAP Memorandum, "Theater Business Clearance Update for the USCENTCOM Area of Responsibility" dated February 26, 2013 and the OSD/DPAP Memorandum, "Life Support for Third Party Contractors in Iraq," dated February 26, 2013. However, the requirement to seek prior U.S. Embassy Baghdad concurrence before agreeing to life support arrangements requiring support from U.S. Mission-Iraq remains in effect. |
13-Jun-13 |
DPAP |
Theater Business Clearance Update for USCENTCOM Area of Responsibility |
Summary: This memorandum is notification of a change to the Theater Business Clearance (TBC) process applicable to DoD contracts with performance in Afghanistan valued in excess of $30,000 or with performance greater than 30 days. |
26-Feb-13 |
DPAP |
Theater Business Clearance Update for the USCENTCOM Area of Responsibility |
Summary: This memorandum provides updated Theater Business Clearance guidance. In accordance with reference (a), effective immediately C-JTSCC no longer has Theater Business Clearance (TBC) responsibility for Kuwait and Pakistan. However, C-JTSCC retains TBC for all DoD contracts within Iraq and Afghanistan. This memorandum reiterates the requirement for and importance of DoD contracting activities to coordinate contact support with C-JTSCC when performance occurs in Iraq and Afghanistan. |
27-Jul-12 |
DPAP |
Theater Business Clearance/Contract Administration Delegation Update - Integration of TBC with the Joint Contingency Contracting System Platform |
Summary: This memorandum requires DoD Contracting Officers to use the JCCS Platform's TBC Module to submit TBC requests for proposed contract efforts in the designated TBC countries: Afghanistan, Iraq, Kuwait and Pakistan, and announces online and webinar training. The aggressive rollout of this platform is imperative to provide visibility and control of the flow of contracted support into theater, especially in Afghanistan. |
23-Jul-12 |
DPAP |
Theater Business Clearance/Contract Administration Delegation (TBC/CAD) Non-Compliance in Afghanistan |
Summary: This memorandum directs all contracts within SPOT with performance in Afghanistan for which the required TBC approval number is incorrect, out of date or not identified, be brought into compliance with the TBC/CAD requirements for Afghanistan by August 22, 2012. Please provide your consolidated reports through the Compliance Report spreadsheet. |
16-Dec-11 |
DPAP |
Theater Business Clearance/Contract Administration Delegation Update |
Summary: This memorandum provides information on the change in TBC rules for Iraq and requires contracting officers to modify contracts with performance or delivery in Iraq to reflect the updated TBC requirements. |
30-Sep-11 |
DPAP |
Theater Business Clearance/Contract Administration Delegation (TBC/CAD) Update |
Summary: This memorandum requires use of the DoD Contracting Officer Representative Tracking Tool (CORT Tool) in theater and incorporation of this requirement into the TBC/CAD Checklist for compliance tracking, prior to the contract award. |
13-Oct-10 |
DPAP |
Theater Business Clearance/Contract Administration Delegation (TBC/CAD) Update |
Summary: This memorandum specifies that TBC and SPOT are being integrated and the policies for issuing Letters of Authorization (LOAs) are being updated accordingly. |
Summary: This memorandum extends the effective date for application of TBC coverage to Kuwait and Pakistan. The original effective date was October 1, 2010; the memo extends it to November 1, 2010. |
29-Jun-10 |
DPAP |
Theater Business Clearance/Contract Administration Delegation (TBC/CAD) Update |
Summary: This memorandum updates TBC/CAD guidance to: delineate the new TBC/CAD policy; and, reiterate authorities and responsibilities of DOD contracting activities specified in USCENTCOM FRAGO, 09-1640, "Realignment of the Joint Contracting Command-Iraq/Afghanistan to a Joint Theater Support Contracting Command." |
15-Sep-09 |
DUSD(A&T) |
Theater Business Clearance/Contract Administration Delegation Compliance |
Summary: This memorandum emphasizes the importance of
complying with the established Theater Business Clearance (TBC) process and the associated contract administration delegation process. |
20-Dec-07 |
DPAP |
Retroactive Iraq/Afghanistan Contract Compliance and Assignment of Contract Administration |
Summary: This memorandum directs DoD acquisition agencies to review existing contracts to ensure they comply with U.S. Central Command and Multi-National Forces-Iraq policies and directives. Following the review, the contracts are to be submitted for Theater Business Clearance. Also, the memorandum provides instructions for contract administration assignment to the JCC-I/A. |
26-Nov-07 |
DPAP |
Iraq/Afghanistan Theater Business Clearance |
Summary: This memorandum requires Theater Business Clearance for contracts with performance in, or delivery to, Iraq and Afghanistan, to ensure the necessary terms and conditions comply with the in-country commanders’ plans. |
19-Oct-07 |
USD(AT&L) |
Procedures for Contracting, Contract Concurrence, and Contract Oversight for Iraq and Afghanistan |
Summary: This memorandum initiates the Theater Business Clearance process for Iraq and Afghanistan. DPAP is tasked with issuing appropriate implementation guidance. |
6-Mar-07 |
JCC-I/A |
Consistent Application of Theater Contracting
Policies in Iraq and Afghanistan |
Summary: This memorandum requests the CONUS-awarded contracts with performance in Iraq and Afghanistan be coordinated with the JCC-I/A, to ensure contracting best support theater plans. |