# Class Deviation 2014-O0007
# Class Deviation 2014-O0007 - Prohibition on the Use of the 8(a) Business Development Program for Acquisition of Military Simulation and Military Simulation Training

Status: Active
Date Issued: MAR 14 2014
Signed By: Richard Ginman, Director, Defense Procurement and Acquisition Policy
Scope: All DoD contracting officers
Authority: Stipulation and Agreement of Settlement in DynaLantic Corporation v. United States Department of Defense, et al., No. 95-2301 (EGS)(D.D.C.), approved by the Court on January 30, 2014

## Summary

Effective January 30, 2014, contracting officers are prohibited from awarding prime contracts under the Section 8(a) program, whether competitive or sole source, for military simulation and military simulation training. This prohibition arises from a court-approved settlement in DynaLantic Corp. v. Department of Defense and modifies an earlier injunction entered on August 15, 2012. Contracting officers must not use FAR subpart 19.8 for any such procurements.

## Required Contracting Officer Actions

1. Do not award prime contracts under the Section 8(a) program, competitive or sole source, for military simulation or military simulation training contracts.
2. Do not use FAR subpart 19.8, Contracting with the Small Business Administration (The 8(a) Program), for procurements involving military simulation or military simulation training.

## Notes

Definition of covered contracts: Military simulation and military simulation training contracts cover (i) the provision or sale of devices where the primary purpose is instruction for the use, operation and/or maintenance of military equipment of any nature or kind (including but not limited to aircraft, ships and tanks) and (ii) training in the use, operation or maintenance with all military simulator equipment.

Existing contracts not affected: The injunction as modified does not apply to contracts already in effect as of the date the Stipulation and Agreement of Settlement was signed by the parties.

Duration: This class deviation remains in effect until further notice and the injunction remains in effect until further action is taken by the Court modifying or dissolving it.

Prior guidance: The memorandum from the Director of Defense Procurement and Acquisition Policy dated August 22, 2012 previously advised addressees of the Court's August 15, 2012 decision and provided instructions effective that date. The current deviation supersedes and modifies that earlier guidance.

## 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/USA000970-14-DPAP.pdf