On Oct. 9, 2013 the Department of Defense issued a class deviation providing instruction to contracting officers who are being pressed to obtain supplies and services necessary to carry out and support the mission of the Department. This special direction is necessary since DoD, due the Government shutdown and budget uncertainty, does not have access to FY14 funding. FY14 began Oct. 1, 2013.
Entitled “Contract Obligations in Advance of Fiscal Year (FY) 2014 Funding,” the class deviation directs contracting officers to include a special clause in contracts and contract modifications. The clause is also is to be included in task and delivery orders, and when exercising options. The clause reads as follows:
The deviation does not apply to: 1) actions using existing appropriations that are currently available for obligation and liquidation of obligations, such as prior year funds, or 2) actions under the Pay Our Military Act.
A link to the full class deviation, along with accompanying memoranda, can be downloaded here: DoD Class Deviation 2014-O0001.