# Class Deviation 2024-O0003 # Class Deviation 2024-O0003 – Prohibition on Providing Funds to the Enemy and Authorization of Additional Access to Records Status: Active Date Issued: December 2023 Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting Scope: All DoD contracting officers issuing solicitations and contracts with an estimated value in excess of $50,000 that will be performed outside the United States and its outlying areas in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities Authority: Section 841 of the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291), as amended by section 820 of the NDAA for FY 2023 (Pub. L. 117-263), and section 842 of the NDAA for FY 2015 ## Summary This deviation rescinds and supersedes Class Deviation 2020-O0022 and implements statutory authority from the NDAA for FY 2015 to prevent DoD contract funds from reaching persons or entities actively opposing U.S. or coalition forces. Contracting officers must include two new deviation clauses in applicable solicitations and contracts, covering contractor due diligence obligations and government access to contractor records. The deviation remains in effect until December 31, 2025. ## Required Contracting Officer Actions 1. Include clause 252.225-7993 (Prohibition on Providing Funds to the Enemy) in all solicitations and contracts, including those using FAR part 12 procedures, with an estimated value exceeding $50,000 that will be performed outside the United States and its outlying areas in support of a contingency operation where Armed Forces members are actively engaged in hostilities. 2. Include clause 252.225-7975 (Additional Access to Contractor and Subcontractor Records) in all solicitations and contracts meeting the same applicability threshold. 3. For contracts awarded on or before December 31, 2025, to be performed outside the United States and its outlying areas, check the current list of prohibited or restricted persons or entities in SAM Exclusions prior to awarding the contract. 4. Check SAM at least monthly to ensure no existing contracts being performed in covered combatant commands are associated with prohibited or restricted persons or entities. 5. Upon termination or voiding of a contract under this deviation, treat such action as a default for purposes of reporting in FAPIIS per FAR 42.1503(h)(1). 6. Exercise the authority to examine records under 252.225-7975 only upon a written determination, following a finding by the commanding officer of an applicable combatant command that there is reason to believe funds may have been provided directly or indirectly to persons or entities actively opposing U.S. or coalition forces. ## Affected Provisions and Clauses ### 252.225-7975, Additional Access to Contractor and Subcontractor Records (Deviation 2024-O0003) (Clause) - Change type: NEW - Action: New deviation clause to be included in all applicable solicitations and contracts. Authorizes the Government to examine contractor and subcontractor records to ensure funds are not reaching persons or entities opposing U.S. or coalition forces. ### 252.225-7993, Prohibition on Providing Funds to the Enemy (Deviation 2024-O0003) (Clause) - Change type: NEW - Action: New deviation clause to be included in all applicable solicitations and contracts in lieu of any prior version. Requires contractors to exercise due diligence, check SAM monthly and terminate or void subcontracts with prohibited or restricted sources. ## Notes Supersession: This deviation rescinds and supersedes Class Deviation 2020-O0022 effective immediately. HCA authority non-delegable: The authority granted to Heads of Contracting Activities to restrict, terminate or void contracts under this deviation may not be redelegated. Classified information: Classified information used to support a decision under paragraph 3 of the procedures may not be disclosed to the affected contractor or its representatives without a protective order from a court of competent jurisdiction established under Article I or Article III of the Constitution. SAM Exclusions entry: Upon an HCA determination to restrict future awards, the contracting activity must notify Defense Pricing and Contracting, Contract Policy and request entry of the ineligible person or entity in SAM Exclusions using Classification: Special Entity Designation; Agency: DoD; Exclusion Status: Active; Exclusion Type: Prohibition/Restriction; Comments: Pursuant to Subtitle E, Title VIII of the NDAA for FY 2015. Contractor notification and review: When an HCA takes action to restrict, terminate or void a contract, the HCA must notify the affected contractor in writing and inform the contractor of the right to request an administrative review within 30 days. Reporting requirement: HCAs that receive notification from a combatant commander must submit a report on any action taken, or a determination not to act, to osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil and the relevant combatant command. Reports must identify the contracting activity, explain the basis for the action or inaction and, where applicable, state the value of any voided or terminated contract and all contracts then in force with the identified person or entity. Expiration: This deviation remains in effect until December 31, 2025, or until otherwise rescinded. ## 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 252.225-7975 specifically? - Are there any SAM registration implications? --- Source: https://part52.dev Generated: 2026-03-20 Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA002688-23-DPC.pdf