Class Deviation 2026-O0001 - Contract Obligations in Advance of Fiscal Year 2026 Funding
Summary
This deviation requires Contracting Officers to include new clause 252.232-7998 in contracts awarded before fiscal year 2026 funds are available. The clause confirms Department of Defense authority to obligate in advance of appropriations and commits the Government to pay when funds become available. It does not apply to actions using currently available prior-year funds.
Required Contracting Officer Actions
- Include clause 252.232-7998 in all contracts, modifications, task orders and delivery orders awarded in advance of FY2026 appropriations to support excepted activities.
- Ensure each such contract action complies with Deputy Secretary of War guidance dated September 30, 2025, DoW Contingency Plan Guidance dated September 2025 and applicable component guidance.
- Obtain authorization at a level no lower than the head of the contracting activity when the relevant military department or DoW component has not issued separate guidance.
- Place a copy of the required authorization in the contract file.
- Ensure every contract action using this clause is bilateral, reflecting mutual agreement of the parties.
Affected Provisions and Clauses
252.232-7998, (Clause)
- Change type: MODIFIED
- Action: Add clause 252.232-7998
Notes
Applicability Exclusion: This deviation does not apply to contract actions using existing appropriations currently available for obligation and liquidation, such as prior-year funds.
Duration: The deviation remains in effect until rescinded. Direct inquiries to osd.pentagon.ousd-a-s.mbx.dpc-cp@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 252.232-7998 specifically?
- Are there any SAM registration implications?