Effective immediately, in order to obtain supplies and services necessary to carry out or support excepted activities in advance of the availability of FY 2014 funds, contracting officers shall use the clause at Attachment 1 when entering into contracts or modifications to existing contracts, issuing task and delivery orders, or exercising options. This deviation does not (1) apply to actions using existing appropriations that are currently available for obligation and liquidation of obligations, such as prior year funds, or (2) apply to or authorize actions under the Pay Our Military Act (POMA).
Contracting officers shall ensure that each action that is taken in advance of appropriations and that includes this clause conforms to the Deputy Secretary of Defense memorandum, Guidance for Continuation of Operations in the Absence of Available Appropriations, dated September 25, 2013, which includes the Department of Defense Contingency Plan Guidance for Continuation of Essential Operations in the Absence of Available Appropriations (Attachment 2) and any other applicable Military Department or other DoD Component guidance pertaining to the award of contracts in the absence of appropriations. All such contract actions including this clause must be appropriately authorized in accordance with Departmental or Component guidance. For those Military Departments or other DoD Components that have not issued separate guidance, all actions that include this clause must be authorized at a level not lower than the Head of the Contracting Activity (HCA).
Contracting officers shall ensure that any contract action using the attached clause is bilateral, reflecting the mutual agreement of the parties.
This deviation may be amended if the Secretary of Defense makes a determination under the POMA with regard to contractors supporting the military. This class deviation remains in effect until rescinded.