Effective immediately, contracting officers shall include the attached provision 252.225-7974, Representation Regarding Persons that have Business Operations with the Maduro Regime, in all solicitations, including solicitations using Federal Acquisition Regulation part 12 procedures for the acquisition of commercial items, except for contracts that are—

• Jointly determined by the Secretary of Defense and Secretary of State to be—
  • Necessary for purposes of—
    • Providing humanitarian assistance to the people of Venezuela;
    • Disaster relief and other urgent lifesaving measures; or
    • Carrying out noncombatant evacuations; or
  • Vital to the national security interests of the United States; or
• Related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela.

This class deviation implements section 890 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116-92). Section 890 prohibits entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless an exception applies.

Contracting officers shall notify Contract Policy, Defense Pricing and Contracting, via email at osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil, upon entering into a contract on the basis of an exception. The notification shall include a copy of the joint determination made by the Secretary of Defense and the Secretary of State. A copy of the joint determination shall be included in the contract file.

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remains in effect until it is incorporated in the Defense Federal Acquisition Regulation Supplement, or is otherwise rescinded.