# Class Deviation 2012-O0010
# Class Deviation 2012-O0010 - Prohibition on Collection of Political Information

Status: Active
Scope: All DoD contracting officers
Authority: 10 U.S.C. 2335 (as added by section 823 of the National Defense Authorization Act of 2012, Pub. L. 112-81); section 743 of the Consolidated Appropriations Act of 2012 (Pub. L. 112-74)

## Summary

Contracting officers are prohibited from requiring any entity to submit political information as part of a solicitation or contract action. Additionally, fiscal year 2012 funds may not be used to require or recommend the submission of political information. The deviation implements 10 U.S.C. 2335 and section 743 of the Consolidated Appropriations Act of 2012 and remains in effect until incorporated into the FAR or DFARS or rescinded.

## Required Contracting Officer Actions

1. Do not require any entity to submit political information as part of a solicitation or any contract action.
2. Do not use fiscal year 2012 funds to require or recommend the submission of political information.

## Notes

Definition of Political Information: Political information means information relating to political spending, including any payment consisting of a contribution, expenditure, independent expenditure or disbursement for an electioneering communication made by the contractor, its partners, officers, directors or employees, or its affiliates or subsidiaries to a candidate or on behalf of a candidate for Federal office, to a political committee, to a political party, to a third party entity with the intention or reasonable expectation that it would use the payment to make independent expenditures or electioneering communications, or that is otherwise made with respect to any election for Federal office, party affiliation and voting history. The terms 'contribution', 'expenditure', 'independent expenditure', 'candidate', 'election', 'electioneering communication' and 'Federal office' each have the meaning given in the Federal Campaign Act of 1971 (2 U.S.C. 431 et seq.).

Point of Contact: Questions may be directed to Dustin Pitsch at 571-372-6090 or dustinpitsch@osd.mil.

## Suggested Questions

You can ask your AI assistant:
- What actions do I need to take for this deviation?
- Does this deviation affect commercial acquisitions under Part 12?
- Which clauses need to be removed from my existing contracts?
- Are there any SAM registration implications?

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Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA003844-12-DPAP.pdf