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OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2022-O0010, Revision 1
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Class Deviation–Prohibition on Procurement of Certain Items Containing
Perfluorooctane Sulfonate or Perfluorooctanoic Acid
Effective immediately, this class deviation revises and supersedes Class Deviation 2022-
O0010, issued on September 23, 2022. The revision is necessary to clarify the prescriptions for
the provision and clause.
Effective April 1, 2023, contracting officers shall not procure covered items that contain
perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). Therefore, effective
immediately, for awards anticipated to occur on or after April 1, 2023, contracting officers shall
include the attached solicitation provision and contract clause in all solicitations for acquisition
of covered items. Furthermore, contracting officers shall include the attached clause in contracts,
task orders, delivery orders, and blanket purchase agreement orders for acquisition of covered
items awarded on or after April 1, 2023.
For the purpose of this deviation covered items means—
1. Nonstick cookware or cooking utensils for use in galleys or dining facilities.
2. Upholstered furniture, carpets, and rugs that have been treated with stain-resistant
coatings.
This class deviation implements section 333 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283) that prohibits DoD
Class Deviation 2022-O0010, Revision 1
Prohibition on Procurement of Certain Items Containing Perfluorooctane
Sulfonate or Perfluorooctanoic Acid
from procuring any covered items containing PFOS or PFOA effective April 1, 2023, and
defines “covered items.”
This class deviation remains in effect until incorporated in the Defense Federal
Acquisition Regulation Supplement or is otherwise rescinded. My point of contact is Barbara J.
Salcido, who may be reached at 571-230-0492 or barbara.j.salcido.civ@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing and Contracting
Attachments:
As stated
Page 2 of 2
Attachment 1
Class Deviation 2022-O0010, Revision 1
Prohibition on Procurement of Certain Items Containing Perfluorooctane
Sulfonate or Perfluorooctanoic Acid
252.223-7997 Prohibition on Procurement of Certain Items Containing
Perfluorooctane Sulfonate or Perfluorooctanoic Acid —Representation.
Effective immediately, for awards anticipated to occur on or after April 1, 2023, include
the following provision in all solicitations, including solicitations for the acquisition of
commercial products (including commercially available off-the-shelf items) and
commercial services using FAR part 12 procedures, for acquisition of covered items.
PROHIBITION ON PROCUREMENT OF CERTAIN ITEMS CONTAINING
PERFLUOROOCTANE SULFONATE OR PERFLUOROOCTANOIC ACID —
REPRESENTATION—REPRESENTATION (DEVIATION 2022-O0010)
(SEP 2022)
(a) Effective April 1, 2023, in accordance with section 333 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L.
116-283) the Department of Defense may not procure any covered items that
contain perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). A
covered item is defined as:
(1) Nonstick cookware or cooking utensils for use in galleys or dining
facilities; and
(2) Upholstered furniture, carpets, and rugs that have been treated with
stain-resistant coatings.
(b) Representation. By submission of its offer, the Offeror represents that it is not
providing as part of its offer any covered items containing PFOS or PFOA.
(End of provision)
Attachment 1
Class Deviation 2022-O0010, Revision 1
Prohibition on Procurement of Certain Items Containing Perfluorooctane
Sulfonate or Perfluorooctanoic Acid
252.223-7998 Prohibition on Procurement of Certain Items Containing
Perfluorooctane Sulfonate or Perfluorooctanoic Acid.
Effective April 1, 2023, include the following clause in contracts, task orders, delivery
orders, and blanket purchase agreement orders including contracts, task orders,
delivery orders, and blanket purchase agreement orders, for the acquisition of
commercial products (including commercially available off-the-shelf items) and
commercial services using FAR part 12 procedures, for acquisition of covered items.
PROHIBITION ON PROCUREMENT OF CERTAIN ITEMS CONTAINING
PERFLUOROOCTANE SULFONATE OR PERFLUOROOCTANOIC ACID
(DEVIATION 2022-O0010)
(APR 2023)
(a) Effective April 1, 2023, in accordance with section 333 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L.
116-283), the Department of Defense may not procure any covered items that
contain perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA).
(b) A covered item means the following:
(1) Nonstick cookware or cooking utensils for use in galleys or dining
facilities.
(2) Upholstered furniture, carpets, and rugs that have been treated with
stain-resistant coatings.
(c) The Contractor shall not provide any covered items containing PFOS or PFOA in
performance of this contract, task order, delivery order, or blanket purchase agreement
order.
(d) The Contractor shall include the substance of this clause, including this
paragraph (d), in subcontracts for any covered item, including subcontracts for
commercial products (including commercially available off-the-shelf items) and
commercial services.
(End of clause)