By Government Contracts Editorial Staff
The Department of Defense has issued Class Deviation 2020-O0018, Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation. The deviation prohibits contracting officers from awarding 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. “Covered military installation” means a military installation in Europe identified by DoD as a main operating base, and “furnished energy” refers to energy furnished to a covered military installation in any form and for any purpose, including heating, cooling, and electricity. The agency head may waive application of the prohibition to a specific contract by providing a certification of need to congressional defense committees.
Clause and Provision. The prohibition is added in new deviation clause DFARS 252.225-7970, which is to be used in solicitations and contracts for the acquisition of furnished energy for a covered military installation. Also, a new deviation solicitation provision, DFARS 252.225-7971, requires offerors for these types of contracts to represent that they will not use any energy sourced from inside the Russian Federation as a means of generating the furnished energy for the covered military installation in the performance of any contract or subcontract. This class deviation implements section 2821 of the National Defense Authorization Act for Fiscal Year 2020 (PL 116-92). For the text of the deviation, which is dated May 29, 2020, see ¶70,245.123.
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