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

Summary

Contracting Officers may not obligate Department of Defense (DoD) funds to procure non-tactical electric, advanced-biofuel-powered or hydrogen-powered vehicles that do not comply with Federal Acquisition Regulation (FAR) subpart 22.15. This prohibition extends to components and spare parts for such vehicles. It implements section 328(c) of the FY 2023 NDAA and applies regardless of dollar value.

Required Contracting Officer Actions

1. Do not obligate any DoD funds to procure non-tactical electric, advanced-biofuel, or hydrogen-powered vehicles that do not comply with FAR subpart 22.15.
2. Extend the prohibition to components and spare parts associated with such vehicles.
3. Apply this restriction even below the micro-purchase threshold, contrary to the normal scope of FAR subpart 22.15.

Notes

Scope vs. FAR 22.15: FAR subpart 22.15 normally applies only above the micro-purchase threshold. This deviation imposes the forced-child-labor prohibition on covered vehicle acquisitions at all dollar values.

Covered vehicle definitions: Electric vehicles include plug-in hybrid and fully electric vehicles. Advanced-biofuel-powered vehicles use fuels under 7 U.S.C. 8101(3)(A). Hydrogen-powered vehicles use hydrogen via fuel cell or internal combustion.

Non-tactical vehicle definition: A non-tactical vehicle is any vehicle that is not a tactical vehicle. Tactical vehicles are designed or modified to military specification for combat, tactical operations or related training.

Duration: This deviation remains in effect until incorporated into the DFARS or rescinded.

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