# Class Deviation 2021-O0003
# Class Deviation 2021-O0003 - Prohibition Against Using Fiscal Year 2021 Funds to Maintain or Establish a Computer Network Unless Designed to Block Access to Certain Websites

Status: Active
Date Issued: April 2021
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers using funds made available by the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) or any other Act that extends to fiscal year 2021 funds the same prohibitions
Authority: Section 8116, Division C, Title VIII, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260)

## Summary

This deviation implements a statutory prohibition under the Consolidated Appropriations Act, 2021, which bars the use of fiscal year 2021 DoD funds to enter into contracts for maintaining or establishing a computer network unless that network is designed to block access to pornography websites. A new solicitation provision, DFARS 252.239-7098, requires offerors to represent by submission of their offer that they are not proposing to maintain or establish a non-compliant network. Exceptions apply for law enforcement agencies, entities conducting criminal investigations or adjudication activities and activities necessary for national defense including intelligence.

## Required Contracting Officer Actions

1. Include provision 252.239-7098 in all solicitations, including those for commercial items under FAR part 12, that will use funds made available by Public Law 116-260 or any other Act extending the same fiscal year 2021 prohibitions.

## Affected Provisions and Clauses

### 252.239-7098, Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (Provision)
- Change type: NEW
- Action: New provision created by this deviation; must be included in all solicitations using fiscal year 2021 funds covered by the prohibition, including solicitations for commercial items under FAR part 12.

## Notes

Exceptions: The prohibition does not apply to funds necessary for any Federal, State, tribal or local law enforcement agency or any other entity carrying out criminal investigations, prosecution or adjudication activities, or for any activity necessary for the national defense including intelligence activities.

Duration: The deviation remains in effect until incorporated into the DFARS or otherwise rescinded.

Point of Contact: Lt Col Bryan Lamb may be reached at 703-693-0497 or bryan.d.lamb.mil@mail.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?
- How does this deviation change 252.239-7098 specifically?
- 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/USA000226-21-DPC.pdf