Authority
10 U.S.C. 2335 as added by section 823 of the National Defense Authorization Act of 2012 (Pub. L. 112-81); section 743 of the Consolidated Appropriations Act of 2012 (Pub. L. 112-74)
Summary
Contracting Officers (COs) may not require any entity to submit political information as part of a solicitation or contract action. COs also may not use FY2012 funds to require or recommend submission of political information. The deviation remains in effect until incorporated into the Federal Acquisition Regulation or Defense Federal Acquisition Regulation Supplement or rescinded.
Contracting Officer Actions
1
Do not include any requirement for political information in solicitations or contract actions.
2
Do not use FY2012 funds to require or recommend submission of political information from any entity.
Definition of Political Information
Political information includes payments such as contributions, expenditures, independent expenditures or disbursements for electioneering communications. These payments may be made by the contractor, its partners, officers, directors, employees, affiliates or subsidiaries. They may go to a candidate, political committee, political party or a third party expected to make independent expenditures. The definition also covers party affiliation and voting history. Terms like 'contribution', 'expenditure', 'candidate' and 'Federal office' carry their meanings from the Federal Campaign Act of 1971 (2 U.S.C. 431 et seq.).
Duration
The deviation is effective upon signature. It remains in effect until incorporated into the FAR or DFARS or rescinded.
Point of Contact
Direct questions to Dustin Pitsch at 571-372-6090.
No affected sections identified.