Class Deviation 2020-O0022
Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records

Effective immediately, this class deviation rescinds and supersedes Class Deviation 2020-O0001. Contracting officers shall include the clauses provided in Attachments 1 and 2 of this deviation in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, with an estimated value in excess of $50,000 that 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.

This class deviation implements sections 841 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L. 113-291), as amended by section 822 of the NDAA for FY 2020 (Pub. L. 116-92), and section 842 of the NDAA for FY 2015. Section 841 grants the authority to terminate or void contracts and to restrict future awards directly or indirectly to any person or entity 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 any person or entity.

Heads of contracting activities 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 or entity 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 or entity 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 December 31, 2023, or otherwise rescinded.

Status:
Active
Effective Date: August 28, 2020 (9 months ago)
Expire Date: December 31, 2023 (in 3 years)
References: 2020-O0001
Official Documents: Memo
Official Attachments: 1 2 3
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