Class Deviation 2016-O0002
Prohibition Against Using Fiscal Year 2016 Funds to Contract with Corporations that Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law

Effective immediately, funds made available by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other Act that extends to FY 2016 funds the same prohibitions as contained in sections 744 and 745 of division E, title VII, of the Consolidated an Continuing Appropriations Act, 2015, may not be used to enter into a contract with any corporation that-

  • Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or
  • Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

Contracting officers shall include the attached provision in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12, when using funds made available for regular appropriations for DoD or for military construction by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other Act that contains the same prohibitions as sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015.

In addition, contracting officers shall not award a contract to any corporation that provides an affirmative response to either of the representations in the provision at 252.209-7991 (Attachment) regarding any unpaid Federal tax liability or a conviction of a felony criminal violation of Federal law within the preceding 24 months, unless the agency debarring and suspending official has considered suspension or debarment of the corporation and has made a written determination that this further action is not necessary to protect the interests of the Government. Upon receipt of an affirmative response to the representation, contracting officers shall consult with the agency debarring and suspending official.

This class deviation is effective upon signature, and remains in effect until incorporated in the FAR or otherwise rescinded.

Status:
Archived
Incorporated
Effective Date: October 19, 2015 (6 years ago)
Expire Date: None Given
Incorporated: February 2, 2016 (5 years ago)
Official Documents: Memo
Official Attachments: 1
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