Section 811 Clarification

An administrative clarification has been achieved in approving authority for the justification and approval (J&A) covered in FAR 6.303 as they specifically pertain to 8(a) direct awards over the $22 million threshold. Attached below are three memos – from the Secretaries of the Army, Navy, and Air Force – clarifying that the 8(a) direct award approval levels for contracts from $22-93M is no longer at the “head of agency” level, but is now commensurate with contract value. In other words:

  1. A J&A is still required (FAR 6.303-1(b)).
  2. The J&A content (“5-step”) remains unchanged (FAR 6.303-2(d)).
  3. The J&A approval level is commensurate with the value of the direct award (FAR 6.303-1(b)(2); 6.304(b)).

Please see the attached memos for more information.

Air Force