Class Deviation 2014-O0007
Prohibition on the Use of the 8(a) Business Development Program for Acquisition of Military Simulation and Military Simulation Training

Effective January 30, 2014, in accordance with the Stipulation and Agreement of Settlement in Dynalantic Corporation v. United States Department of Defense, et al., No. 95- 2301 (EGS)(D.D.C.) (Dynalantic v. Department of Defense) approved by the Court on January 30, 2014 (Attachment), contracting officers are prohibited from awarding "prime contracts under the Section 8(a) program (competitive and sole source) for the purchase of military simulation and military simulation training contracts....'Military simulation' and ‘military simulation training' contracts are contracts for (i) the provision or sale of devices where the primary purpose of the device or devices is instruction for the use, operation and/or maintenance of military equipment of any nature or kind (including, but not limited to, aircraft, ships, tanks, etc.), and (ii) the training in the use, operation or maintenance with all military simulator equipment." Accordingly, contracting officers shall not use FAR subpart 19.8, Contracting with the Small Business Administration (The 8(a) Program), in the case of such procurements.

The injunction entered by the Court in its August 15, 2012, decision and order, as modified by the Stipulation and Agreement of Settlement, remains in effect. The modifications are described in this class deviation. The memorandum from the Director of Defense Procurement and Acquisition Policy, dated August 22, 2012, subject: "Immediate Cessation of Small Business Development Program (8(a) Program) Procurement Contracts for Military Simulators or Services in the Military Simulator Industry," advised addressees of the decision, provided instructions effective August 15, 2012, based on the decision, and included as attachments the Court's decision and order dated August 15, 2012.

This class deviation remains in effect until further notice.

Effective Date: January 30, 2014 (8 years ago)
Expire Date: None Given
Official Documents: Memo
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