Archived Deviation
This deviation was archived on 2026-02-02.
It has been superseded by Class Deviation 2026-O0044.
The information below is preserved for reference.
Summary
This deviation requires Contracting Officers to include new clause 252.232-7998 in contracts awarded before fiscal year 2026 funds are available. The clause confirms Department of Defense authority to obligate in advance of appropriations and commits the Government to pay when funds become available. It does not apply to actions using currently available prior-year funds.
Contracting Officer Actions
1
Include clause 252.232-7998 in all contracts, modifications, task orders and delivery orders awarded in advance of FY2026 appropriations to support excepted activities.
2
Ensure each such contract action complies with Deputy Secretary of War guidance dated September 30, 2025, DoW Contingency Plan Guidance dated September 2025 and applicable component guidance.
3
Obtain authorization at a level no lower than the head of the contracting activity when the relevant military department or DoW component has not issued separate guidance.
4
Place a copy of the required authorization in the contract file.
5
Ensure every contract action using this clause is bilateral, reflecting mutual agreement of the parties.
Applicability Exclusion
This deviation does not apply to contract actions using existing appropriations currently available for obligation and liquidation, such as prior-year funds.
Duration
The deviation remains in effect until rescinded. Direct inquiries to osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil.
Affected Provisions and Clauses
252.232-7998
CLAUSE
Add clause 252.232-7998
MODIFIED