# Class Deviation 2023-O0006
# Class Deviation 2023-O0006 – Limitations on the Procurement of DoD Non-Tactical Vehicles

Status: Active
Date Issued: Effective immediately (memorandum undated)
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers
Authority: Section 328(c) of the National Defense Authorization Act for Fiscal Year 2023 (Pub. L. 117-263)

## Summary

Contracting officers are prohibited from obligating any FY 2023 NDAA funds or other DoD funds for the procurement of non-tactical electric, advanced-biofuel-powered or hydrogen-powered vehicles, as well as associated components and spare parts, unless those vehicles comply with FAR subpart 22.15 on the prohibition of products produced by forced or indentured child labor. The deviation implements section 328(c) of the FY 2023 NDAA and extends that prohibition beyond the normal micro-purchase threshold trigger in FAR subpart 22.15. It remains in effect until incorporated into the DFARS or otherwise rescinded.

## Required Contracting Officer Actions

1. Do not obligate any FY 2023 NDAA funds or other DoD-available funds for the procurement of non-tactical electric vehicles, advanced-biofuel-powered vehicles or hydrogen-powered vehicles, or any components or spare parts for such vehicles, that do not comply with FAR subpart 22.15.
2. Apply the compliance requirement regardless of whether the acquisition exceeds the micro-purchase threshold, since this deviation extends the FAR subpart 22.15 prohibition beyond its normal applicability threshold.

## Notes

Definition: Advanced-biofuel-powered vehicle: Includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2022 (7 U.S.C. 8101(3)(A)).

Definition: Electric vehicle: Includes a plug-in hybrid electric vehicle that uses a combination of electric and gas-powered engine that can use either gasoline or electricity as a fuel source, and a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine or gas tank.

Definition: Hydrogen-powered vehicle: A vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion.

Definition: Non-tactical vehicle: A vehicle other than a tactical vehicle.

Definition: Tactical vehicle: A motor vehicle designed to military specification, or a commercial design motor vehicle modified to military specification, to provide direct transportation support of combat or tactical operations, or for the training of personnel for such operations.

Point of contact: Questions may be directed to Ms. Jeanette Snyder, DPC/DARS, at jeanette.m.snyder4.civ@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?
- 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/USA000779-23-DPC.pdf