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DFARS Clause RFO

252.225-7964

Restriction on Acquisition of Fuel for Overseas Contingency Operations
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Effective Date
Active Deviations
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RFO
RFO-only clause

This clause (252.225-7964) was introduced by the Revolutionary FAR Overhaul (Deviation 2026-O0041), replacing 252.225-7065. It does not yet appear in the codified eCFR and applies to contracts using the RFO model.

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RESTRICTION ON ACQUISITION OF FUEL FOR OVERSEAS CONTINGENCY
OPERATIONS (DEVIATION 2026-O0041)(FEB 2026)

(a) Prohibition. For an overseas contingency operation, DoD may not procure
fuel in whole or in part, or derivatives of such fuel, that is sourced from nations or
regions prohibited from selling petroleum to the United States. See Federal
Acquisition Regulation subpart 40.2 and the Office of Foreign Assets Control
website at https://ofac.treasury.gov/sanctions-programs-and-country-information
for prohibited sources.

(b) Certification. Offerors shall complete the certification in paragraph (b)(1) of
this provision and submit the certification with their offer.

(1) The Offeror does [ ] does not [ ] certify that the fuel, in whole or in part,
or derivatives of such fuel, to be provided under any contract resulting from this
solicitation is not sourced from a nation or region prohibited from selling petroleum
to the United States.

(2) Only Offerors who certify that the fuel to be provided is not sourced from
a prohibited nation or region will be eligible for award.

(c) Compliance.

(1) When requested by the Contracting Officer, the prospective Contractor
shall submit records necessary to demonstrate compliance with applicable laws and
regulations regarding export-controlled items and anticorruption statutes and
regulations including—

(i) The Foreign Corrupt Practices Act (15 U.S.C. 78dd-1 et seq.);

(ii) International Traffic in Arms Regulations (ITAR) at 22 CFR 120
through 130 (also see Defense Federal Acquisition Regulation Supplement (DFARS)
clause 252.225-7048, Export-Controlled Items);

(iii) Export Administration Regulations (EAR) at 15 CFR 730 through
774 (also see DFARS clause 252.225-7048); and

(iv) Relevant regulations promulgated by the Office of Foreign Assets
Control of the Department of the Treasury. Sanction information for specific
countries and programs is available at https://ofac.treasury.gov/sanctions-
programs-and-country-information.

(2) The Offeror shall contact the Department of State regarding ITAR
compliance and the Department of Commerce regarding EAR compliance.

(d) Reporting requirement. The Offeror shall, prior to contract award, promptly
report to the Contracting Officer any instance of unsupported denial of access to a
facility or equipment by a host-nation government that may prevent it from
complying with the terms and conditions of the solicitation.

(End of provision)

Source: acquisition.gov RFO Part 52

225.7024-4 Solicitation provision.

Insert the provision at 252.225-7964, Restriction on Acquisition of Fuel for Overseas Contingency Operations, in solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, that are for the acquisition of fuel for overseas contingency operations and are expected to exceed the simplified acquisition threshold.
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