Effective immediately, none of the funds appropriated (or otherwise 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 section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, may be made available for a contract with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

When using 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 section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, contracting officers shall-

• Include the attached provision at 252.203-7996, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2016-O0003)(OCT 2015), in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12;
• Include the attached clause at 252.203-7997, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2016 O0003)(OCT 2015), in all solicitations and contracts, including solicitations and contracts for the acquisition of commercial items under FAR part 12; and
• Modify existing contracts awarded on or after October 1, 2015, to the maximum extent practicable, to include the attached clause at 252.203-7997.

This class deviation remains in effect until incorporated in the FAR or otherwise rescinded.