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Class Deviation 2026-O0044

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

Status: Active

Date Issued: 2026-02-02

Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy

Scope: All DoD contracting officers

Applies to DAF/Air Force: Yes

Summary

This deviation requires contracting officers (Contracting Officers) to use new clause 252.232-7998 when awarding contracts in advance of fiscal year 2026 appropriations. The clause covers contracts, modifications, task orders and delivery orders supporting excepted activities during a lapse of appropriations. It does not apply to contract actions using currently available prior-year funds.

Required Contracting Officer Actions

  1. Include clause 252.232-7998, Obligations in Advance of Fiscal Year 2026 Funding (DEVIATION 2026-O0044), in all contracts, modifications, task orders and delivery orders awarded in advance of fiscal year 2026 appropriations.
  2. Ensure each contract action using this clause complies with the Deputy Secretary of War memorandum on Continuation of Operations During a Lapse of Appropriations, dated January 30, 2026.
  3. Ensure each contract action using this clause complies with the Department of War (DoW) Contingency Plan Guidance for Continuation of Operations in the Absence of Available Appropriations, dated January 2026.
  4. Ensure each contract action using this clause complies with applicable military department or DoW component guidance on awarding contracts without appropriations.
  5. Obtain authorization at a level no lower than the head of the contracting activity for all actions using this deviation clause when the relevant DoW component has not issued separate guidance.
  6. Place a copy of the required authorization in the contract file.
  7. Ensure all contract actions using this deviation clause are bilateral, reflecting mutual agreement of the parties.
  8. Do not use this deviation clause for contract actions using existing appropriations currently available for obligation and liquidation, such as prior-year funds.

Affected Provisions and Clauses

252.232-7998, (Clause)

  • Change type: MODIFIED
  • Action: Add clause 252.232-7998

Notes

Duration: This deviation remains in effect until rescinded.

Inquiries: Direct questions to osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil.

Payment obligation: The clause commits the Government to pay, including interest under the Prompt Payment Act, when appropriated funds become available.

Supersession: Clause 252.232-7998 supersedes any conflicting contract payment or financing terms until funds are made available to the CO.

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?

Source: https://part52.dev

Generated: 2026-04-21 17:40 UTC

Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA000205-26-DPCAP.pdf