Effective immediately, contracting officers shall incorporate the clause at Attachment 1 in solicitations and contracts awarded on or before December 19, 2017, with an estimated value in excess of $100,000, that will be performed in the United States Central Command (USCENTCOM) theater of operation. This clause shall be used in lieu of any FAR clause on this subject. In addition, to the maximum extent practicable, existing contracts being performed in this theater of operation that do not include the clause, shall be bilaterally modified in accordance with FAR 1.108(d), to the extent feasible, to include the clause.
Section 842(c) of the National Defense Authorization Act (NDAA) for FY 2015 (Pub. L. 113-291), amends section 842(d), of the NDAA for FY 2012 (Pub. L. 112-81), to extend the authorities applicable to USCENTCOM to have additional access to contractor and subcontractor records.
The authority to examine records pursuant to Attachment 1 may be exercised only upon a written determination by the contracting officer, upon a finding by the Commander of the USCENTCOM that there is reason to believe that funds available under the contract may have been subject to extortion or corruption or may have been provided directly or indirectly to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation.
This class deviation remains in effect until December 19, 2017, or otherwise rescinded.