# Class Deviation 2026-O0044
# Class Deviation 2026-O0044 – Contract Obligations in Advance of Fiscal Year 2026 Funds

Status: Active
Date Issued: February 2026
Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy
Scope: All DoD contracting officers awarding contracts, modifications, task orders or delivery orders to support excepted activities in advance of fiscal year 2026 appropriations

## Summary

This deviation requires contracting officers to include clause 252.232-7998 in any contract action awarded before fiscal year 2026 funds are available, covering contracts, modifications, task orders and delivery orders supporting excepted activities during a lapse in appropriations. The clause acknowledges that DoD has authority to obligate the government in advance of appropriations and commits the government to pay, including applicable interest, once funds become available. The deviation does not apply to actions using prior year or other currently available appropriations.

## Required Contracting Officer Actions

1. Include deviation clause 252.232-7998, Obligations in Advance of Fiscal Year 2026 Funding (DEVIATION 2026-O0044), in every contract action awarded in advance of fiscal year 2026 appropriations.
2. Ensure each contract action complies with the Deputy Secretary of War memorandum on Continuation of Operations During a Lapse of Appropriations (January 30, 2026), the DoW Contingency Plan Guidance (January 2026) and applicable military department or DoW component guidance.
3. Obtain appropriate authorization before using the deviation clause; where no separate component guidance exists, authorization must be at a level no lower than the head of the contracting activity.
4. Place a copy of the authorization in the contract file.
5. Ensure any contract action using the deviation clause is bilateral, reflecting mutual agreement of the parties.

## Affected Provisions and Clauses

### 252.232-7998, Obligations in Advance of Fiscal Year 2026 Funding (DEVIATION 2026-O0044) (Clause)
- Change type: NEW
- Action: New clause created for use in contracts, modifications, task orders and delivery orders awarded in advance of fiscal year 2026 appropriations to support excepted activities during a lapse in funding.

## Notes

Applicability: This deviation does not apply to contract actions that use existing appropriations currently available for obligation and liquidation, such as prior year funds.

Duration: The class deviation remains in effect until rescinded. Inquiries may be directed 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?

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Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA000205-26-DPCAP.pdf