PF 2024-25 (AL 2024-02) Issuance of Class Deviation Addressing Commercial Supplier Agreement Terms that Conflict with or are Incompatible with Federal Law

DATE: June 17, 2024

SUBJECT: Issuance of Class Deviation Addressing Commercial Supplier Agreement Terms that Conflict with or are Incompatible with Federal Law

TO: HCAs/Procurement Directors/Contracting Officers
FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management

SUMMARY: This Policy Flash transmits Acquisition Letter (AL) 2024-02, which notifies the Department of Energy (DOE) acquisition workforce of the issuance of a class deviation to address common Commercial Supplier Agreement terms that conflict or are otherwise incompatible with Federal law. The AL also transmits new DOE class deviations to FAR clauses 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services and 52.232-39 Unenforceability of Unauthorized Obligations, and new DOE clause 952.232-70 Commercial Supplier Agreements – Unenforceable Clauses. 

The DOE class deviation Determination and Findings / Waiver, AL 2024-02, and FAR Deviation are attached. 

Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov.