48 CFR § 1480.403 - Deviations.
There are certain instances where the application of the Buy Indian Act to an acquisition may not be appropriate. In these instances, the Contracting Officer must detail the reasons in writing and make a deviation determination.
(b) Some acquisitions by their very nature would make such a written determination unnecessary. The following acquisitions do not require a written deviation from the requirements of the Buy Indian Act:
Table 1 to Paragraph (c)
|For a proposed contract action||The following official may authorize a deviation|
|Up to $25,000||CO.|
|Exceeding $25,000 but not exceeding $700,000||One level above the CO or Chief of the Contracting Office (CCO) (or the IA Competition Advocate, absent a CCO).|
|Exceeding $700,000 but not exceeding $13.5 million||IA Competition Advocate.|
|Exceeding $13.5 million but not exceeding $57 million||The Head of the Contracting Activity or a designee who is a civilian serving in a position in a grade above GS–15 under the General Schedule or in a comparable or higher position under another schedule.|
|Exceeding $57 million||Department of the Interior Senior Procurement Executive.|
(d) Deviations may be authorized prior to issuing the solicitation when the CO makes the following determinations and takes the following actions:
(1) The CO determines after market research that there is no reasonable expectation of obtaining offers that will be competitive in terms of market price, quality, and delivery from two or more responsible ISBEE, IEEs, or direct negotiation with an IEE that is a certified 8a business.
(2) The deviation determination is authorized by the official listed at 1480.403(c) for the applicable contract action.
(e) If a deviation determination has been approved, the CO must follow the FAR and DIAR unless specified otherwise.