Class Deviation 2015-O0008
Use of Military Construction Funds

Effective immediately, when using funds appropriated under Title I, Department of Defense, Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015 (Division I of Pub. L. 113-235), enacted December 16, 2014, contracting officers shall use the attached provision and clause prescriptions, in lieu of the prescriptions at DFARS 236.570(c)(1), 236.570(d), and 236.609-70(b). This class deviation implements sections 108, 111, and 112 in the prescriptions for the following DFARS provisions and clause: DFARS 252.236-7010, Overseas Military Construction—Preference for United States Firms; DFARS 252.236-7013, Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers; and DFARS 252.236-7011, Overseas Architect Engineer Services—Restriction to the United States Firm.

  • Section 108 provides that none of the funds made available in Title I may be used for the procurement of steel for any construction activity for which the requirement for competition opportunity has been denied to American steel producers, fabricators, and manufacturers in DoD construction contracts.
  • Section 111 provides that none of the funds made available in Title I may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in certain foreign countries, including countries bordering the Arabian Gulf, unless such contracts are awarded to U.S. firms or U.S. firms in a joint venture with host nation firms.
  • Section 112 provides, with some exceptions, that none of the funds made available in Title I for military construction in certain foreign countries, including countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor.

This deviation implements section 108 by providing a prescription in lieu of DFARS 236.570(d)(1) that deletes the reference to the 2009 Appropriations Act and inserts the citation to Title I of the FY 2015 Military Construction and Veterans Affairs, and Related Agencies Appropriations Act.

The deviation also implements section 111 and 112 by providing prescriptions in lieu of DFARS 236.609-70(b)(3) and 236.570(c)(1) that replace the term “Arabian Sea" with the term “Arabian Gulf".

This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded.

Status:
Archived
Incorporated
Effective Date: December 29, 2014 (6 years ago)
Expire Date: None Given
Incorporated: August 26, 2015 (6 years ago)
Official Documents: Memo
Official Attachments: 1
This is not a government website. Visitors should not rely upon information contained on this website as a substitute for consulting official government publications.0