Class Deviation 2015-O0016
Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records

Effective September 15, 2015, this class deviation supersedes Class Deviation 2014-O0020, dated September 17, 2014. Contracting officers shall include the attached clauses in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, as prescribed below:

  • Include the clause at 252.225-7993, Prohibition on Providing Funds to the Enemy (DEVIATION 2015-O0016)(SEP 2015), (see Attachment 1) in solicitations and contracts to be awarded on or before December 31, 2019, with an estimated value in excess of $50,000 that are being, or will be, performed outside the United States and its outlying areas, in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. To the maximum extent practicable, existing contracts subject to the criteria in the clause prescription shall be modified bilaterally, in accordance with FAR 1.108(d), to include the deviation clause 252.225-7993.
  • Include the clause 252.225-7981, Additional Access to Contractor and Subcontractor Records (Other than USCENTCOM) (DEVIATION 2015-O0016)(SEP 2015), (see Attachment 2) in all solicitations and contracts with an estimated value in excess of $50,000 that are to be performed outside the United States and its outlying areas, in support of a contingency operation in which members of the armed forces are actively engaged in hostilities, except for contracts that will be performed in the United States Central Command theater of operations (see Class Deviation 2015-O0013).

This class deviation implements sections 841 and 842 of the National Defense Authorization Act for Fiscal Year 2015. Section 841 grants authority to the heads of contracting activities (HCAs) to terminate or void contracts and to restrict future awards directly or indirectly to any person that is actively opposing United States or coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities. Section 842 grants the authority for additional access to contractor and subcontractor records to the extent necessary to ensure that funds available under covered contracts are not provided directly or indirectly to the enemy.

HCAs shall follow the procedures in Attachment 3 when exercising the authorities provided by this class deviation, which may be exercised only upon written notification from a combatant commander identifying persons or entities within the combatant commander's area of responsibility that are believed to have-

  • Provided funds, including goods and services, received under a covered contract, grant, or cooperative agreement of an executive agency directly or indirectly to any person that is actively opposing United States or coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities; or
  • Failed to exercise due diligence to ensure that none of the funds, including goods and services, received under a covered contract, grant, or cooperative agreement of an executive agency are provided directly or indirectly to any person that is actively opposing United States or coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities.

This class deviation remains in effect until incorporated in the Federal Acquisition Regulation, or otherwise rescinded.

Status:
Archived
Rescinded
Effective Date: September 15, 2015 (5 years ago)
Expire Date: None Given
Rescinded: November 21, 2019 (a year ago)
References: 2014-O0020
Official Documents: Memo
Official Attachments: 1
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