Authority
Section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
Summary
This deviation prohibits Department of Defense from procuring covered items containing PFOS or PFOA effective April 1, 2023. It revises and supersedes the original Class Deviation 2022-O0010 issued September 23, 2022. The revision clarifies prescriptions for the new solicitation provision and contract clause.
Contracting Officer Actions
1
For awards anticipated on or after April 1, 2023, include Defense Federal Acquisition Regulation Supplement (DFARS) 252.223-7997 in all solicitations for covered items, including commercial (Part 12) acquisitions.
2
For contracts, task orders, delivery orders and blanket purchase agreement orders for covered items awarded on or after April 1, 2023, include DFARS 252.223-7998.
3
Do not procure covered items containing PFOS or PFOA on or after April 1, 2023.
Covered Items Definition
Covered items are nonstick cookware or cooking utensils for galleys or dining facilities and upholstered furniture, carpets and rugs treated with stain-resistant coatings. Only acquisitions of these items require the provision and clause.
Revision Status
This is Revision 1. It supersedes the original deviation issued September 23, 2022. The revision clarifies clause prescriptions only.
Duration
The deviation remains in effect until incorporated into the DFARS or rescinded. COs should monitor DFARS updates.
Affected Provisions and Clauses
252.223-7997
CLAUSE
Modify clause 252.223-7997
MODIFIED
252.223-7998
CLAUSE
Modify clause 252.223-7998
MODIFIED