Effective immediately, unless a waiver is granted, contracting officers shall not award a contract for the acquisition of furnished energy for a covered military installation, if the contract uses any energy sourced from inside the Russian Federation as a means of generating the furnished energy for the covered military installation. For the purposes of this deviation—
Contracting officers shall use the solicitation provision provided in Attachment 1 and the contract clause provided in Attachment 2, as prescribed in the attachments.
This class deviation implements section 2821 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92). The head of the agency may waive application of this prohibition to a specific contract for furnished energy, if the head of the agency certifies to the congressional defense committees that—
If a waiver has been granted for a contract for furnished energy, not later than 14 days prior to entering into the contract, the official granting the waiver shall submit notice of the waiver to the congressional defense committees with a copy to the Principal Director of Defense Pricing and Contracting via email at firstname.lastname@example.org. The waiver notice shall include—
The contracting officer shall obtain a copy of the waiver and notice from the requiring activity or program manager prior to awarding the contract and include a copy of the waiver and notice 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remains in effect until it is incorporated in the Defense Federal Acquisition Regulation Supplement, or is otherwise rescinded.