Government Contracts DoD Issues DFARS Class Deviation on Providing Funds to the Enemy
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Tuesday, January 7, 2020

DoD Issues DFARS Class Deviation on Providing Funds to the Enemy

By Government Contracts Editorial Staff

The Department of Defense has issued Class Deviation 2020-O0001, Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records. The deviation provides procedures for when a combatant commander believes funds, including goods and services, have been provided under a covered agreement to a person or entity that is actively opposing the U.S. or coalition forces involved in a contingency operation in which members of the armed forces are actively engaged in hostilities. The procedures also apply when a combatant commander believes a person or entity fails to exercise due diligence to ensure that no funds received under a covered agreement are provided to those opposing these types of forces.

Contract Clauses. The notice also includes two new deviated contract clauses: DFARS 252.225-7993, Prohibition of Providing Funds to the Enemy, and DFARS 252.225-7975, Additional Access to Contract and Subcontractor Records. Contracting officers must include these clauses in solicitations and contracts with an estimated value of $50,000 or more that will be performed outside the U.S. and its outlying areas in support of a contingency operation where armed forces are actively engaged in hostilities. This deviation supersedes Class Deviations 2015-O0016 and 2018-O0008, and remains in effect through December 31, 2021. For the text of the class deviation, see ¶70,245.107.

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