Effective immediately, this class deviation supersedes Class Deviation 2014-O0008, dated February 12, 2014. Contracting officers shall comply with the policy in this class deviation and incorporate the clause at Attachment 1 in solicitations and contracts awarded on or before December 31, 2018, with an estimated value in excess of $50,000, that are being, or will be, performed in the U.S. Central Command (USCENTCOM), United States European Command (USEUCOM), United States Africa Command (USAFRICOM), United States Southern Command (USSOUTHCOM), or United States Pacific Command (USPACOM) theaters of operations. In addition, to the maximum extent practicable, existing contracts being performed in these theaters of operations shall be modified bilaterally, in accordance with FAR 1.108, to include the clause.
Contracting officers shall also incorporate the clause at Attachment 2 in all solicitations and contracts awarded prior to December 31, 2014, valued at more than $100,000, that are to be performed in USCENTCOM.
This class deviation implements section 831 of the National Defense Authorization Act (NDAA) for FY 2014 (Pub. L. 113-66) and carries forward any applicable requirements of sections 841 and 842 of the NDAA for FY 2012 (Pub. L. 112-81), previously implemented under Class Deviation 2014-O0008.
Section 831 requires USCENTCOM, USEUCOM, USAFRICOM, USSOUTHCOM, and USPACOM Commanders to identify persons or entities who are actively opposing United States or Coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities. The combatant commanders may, in consultation with the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the appropriate Chief of Mission, notify the appropriate heads of contracting activities (HCA), in writing, of such identification and request the HCA exercise the authority provided in this deviation.
Upon receipt of such notification, the HCA, without power of redelegation, will exercise this authority to determine in writing, whether to-
Upon the termination or voiding of a contract, the contracting officer shall treat such action as a default for purposes of reporting in the Federal Awardee Performance and Integrity Information System (FAPIIS) (see FAR 42.1503(1)(iii)).
The Special Inspector General for Afghanistan Reconstruction (SIGAR) recommendations in its April 2013 report (Audit 13-6) are implemented as follows:
This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded.