Class Deviation 2012-O0007
Prohibition Against Contracting With Corporations That Have a Felony Conviction under Federal or State Law

Effective immediately, none of the funds made available by section 514 of Division H of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74) may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

Contracting officers shall include the attached provision 252.209-7998 in all solicitations that will use funds made available by Division Hof the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), including solicitations for acquisition of commercial items under FAR part 12, and shall apply the following restrictions:

In accordance with section 514 of Division Hof the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), except as provided in the following paragraph of this memorandum, the contracting officer shall not award a contract to any corporation that provides an affirmative response to the representation in the provision at 252.209-7998 (attached) with regard to any felony criminal violation of Federal or State law within the preceding 24 months.

However, contracting officers may make an award despite these restrictions if the agency debarring and suspending official has considered suspension or debarment of the corporation and has made a written determination that this further action is not necessary to protect the interests of the Government. Upon receipt of an affirmative response to the representation, contracting officers shall consult with the agency debarring and suspending official.

This class deviation is effective upon signature, and remains in effect until incorporated in the FAR or DFARS or otherwise rescinded.

Status:
Archived
Incorporated
Effective Date: March 9, 2012 (9 years ago)
Expire Date: None Given
Incorporated: December 4, 2015 (5 years ago)
Official Documents: Memo
Official Attachments: 1
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