Effective immediately, when issuing solicitations or contracts (including task or delivery orders) with award fee provisions, contracting officers shall use the attached clause, 252.216-7999, Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel.
This class deviation implements section 823 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84). Section 823 provides that the contractor's performance shall be evaluated during the award fee period to include consideration of actions that caused serious bodily injury or death to any civilian or military personnel of the Government through the contractor's gross negligence or with the contractor's reckless disregard for Government personnel safety. The prime contractor's (or its subcontractors') negligence or reckless disregard may be determined through criminal, civil, or administrative proceedings.
This deviation remains in effect until incorporated in the DFARS or otherwise rescinded.