Effective immediately, contracting officers shall comply with the policy in this class deviation, which applies to solicitations and contracts with an estimated value in excess of $100,000, that are being, or will be performed in the U.S. Central Command (USCENTCOM) theater of operations, and that will be awarded on or before December 31, 2014.
Class Deviation 2012-O0005, Prohibition on Contracting with the Enemy and Access to Contractor and Subcontractor Records in the USCENTCOM theater of operations, remains in effect. This new class deviation further implements section 841 of the National Defense Authorization Act (NDAA) for FY 2012 (Public Law 112-81) in accordance with the Special Inspector General for Afghanistan Reconstruction recommendations in its April 2013 report (Audit 13-6). Accordingly,-
In summary, section 841 requires the Commander, USCENTCOM, to identify persons or entities actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in the USCENTCOM theater of operations. When the USCENTCOM Commander determines any person or an entity is an enemy of the United States, SPEs are notified of such enemy determination via a memorandum "Subject: FY2012 National Defense Authorization Act, §841." A list of such persons or entities is posted on the USCENTCOM website at http://www2.centcom.mil/sites/contracts/SiteAssets/Contracting.aspx under "NDAA FY12 Section 841 Identified Entities."
This class deviation remains in effect until December 31, 2014, unless incorporated in the DFARS or otherwise rescinded.