Class Deviation 2013-O0010
Prohibition Against Using Fiscal Year 2013 Funds to Contract with Corporations that have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law

Effective immediately, funds made available by the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6) may not be used to enter in to a contract with any corporation that-

  • Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, 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; or
  • Was convicted of a felony criminal violation under any Federal 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.

These prohibitions apply to all Fiscal Year 2013 DoD funds appropriated by Pub L. 113-6, including those for military construction. Class Deviation 2013-O0006, dated January 22, 2013, remains in effect for funds appropriated by the Continuing Appropriations Resolution, 2013 (Pub. L. 112-175), which made appropriations for Fiscal Year 2013 through March 27, 2013.

Contracting officers shall include the attached provision in all solicitations that will use funds made available by the Consolidated and Further Continuing Appropriations Act, 2013 (Pub. L. 113-6), including solicitations for the acquisition of commercial items under FAR part 12, and shall apply the following restrictions:

The contracting officer shall not award a contract to any corporation that provides an affirmative response to either of the representations in the provision at 252.209-7995 (Attachment) regarding any unpaid Federal tax liability or a conviction of a felony criminal violation of Federal 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: April 8, 2013 (9 years ago)
Expire Date: None Given
Incorporated: December 4, 2015 (6 years ago)
References: 2013-O0006
Official Documents: Memo
This is not a government website. Visitors should not rely upon information contained on this website as a substitute for consulting official government publications.1