Effective immediately, contracting officers are authorized to use the attached clause in solicitations and contracts that are identified by the requiring agency as having essential contractor services which support mission essential functions.
Today's changing threat environment has increased the need for continuity of operations capabilities and plans that enable agencies to continue their essential functions across a broad spectrum of emergencies. An example of such a threat to continuity of operations includes, but is not limited to, the 2009 H1N1 influenza pandemic.
Department of Defense Instruction (DODI) 3020.37, Continuation of Essential DoD Contractor Services During Crises, dated November 6, 1990, requires the Department to provide for a reasonable assurance of the continuation of essential services provided by contractors, including services provided to Foreign Military Sales customers, during crisis situations. This class deviation is necessary to ensure consistency in the implementation of this requirement.
This deviation is effective until incorporated into the DFARS or otherwise rescinded.