APR 2 4 2015 GSA Office of Governmentwide Policy

MEMORANDUM FOR THE ACQUISITION WORKFORCE

FROM: JEFFREY A. KOSES ~CA I~~ SENIOR PROCUREMM EXf:!CU~ (MV)

SUBJECT: Class Deviation -- Prohibition Against Using Fiscal Year 2015 Funds to Contract with an Entity that is Incorporated or Chartered in Bermuda or the Cayman Islands

1. What is the purpose of this memorandum? This class deviation enacts Section 627 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (FY15 CFCAA), which prohibits the use of Fiscal Year 2015 (FY15) appropriated funds to enter into contracts with entities that are either incorporated or chartered in either Bermuda or the Cayman Islands that were formerly incorporated or chartered in the United States. Section 627 of Division E of the FY15 CFCAA only applies to funds appropriated by Division E of the FY 15 CFCAA to GSA and several other agencies listed in Division E (for a list of Division E agencies, see Attachment A at 552.209-70(b)).

2. How and when does this change take place? Contracting officers shall incorporate the new clause at 552.209-70 (Attachment A) into all new contracts and solicitations entered into in or after FY15 using funds provided by Division E of the FY15 CFCAA.

3. Do I incorporate the attached clause into Federal Supply Schedule (FSS) contracts. Governmentwide Acquisition Contracts (GWACs). and other IDIQ contracts? Existing FSS and GWAC contracts do not need to be modified. New FSS and GWAC contracts only need to include the clause if entered into using funds that were appropriated by Division E of the FY15 CFCAA.

Other IDIQ contracts entered into by GSA in or after FY15 using funds that were appropriated by Division E of the FY15 CFCAA must include the attached clause 552.209-70.

4. What about assisted acquisitions? The restriction on the use of FY15 appropriated funds only applies to funds provided by Division E to agencies under the FY15 CFCAA. Contracting officers shall ensure that the clause at 552.209-70 (see Attachment A) is included in solicitations and contracts awarded on behalf of any agency that received appropriated funds as a Division E agency under the FY15 CFCAA. A comprehensive list of Division E agencies can be found at 552.209-70(b). No action is required on assisted

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acquisitions for agencies that do not fall under Division E of the FY15 CFCAA or agencies that fall under Division E that are using funds not made available by Division E of the FY15 CFCAA.

5. What do I do if a contractor answers affirmatively to both elements of the clause? When an affirmative response to both elements of paragraph (d) of the clause at 552.209-70 (see Attachment A) is received, the contracting officer shall refrain from entering into any contracts using funds provided by Division E of the FY15 CFCAA with the entity providing the affirmative response.

6. When is this policy effective? This policy is effective immediately.

7. Point of contact. Questions concerning this memorandum should be directed to Mr. James Tsujimoto of the General Services Acquisition Policy Division, james.tsujimoto@gsa.gov, (202) 208-3585.

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Attachment A

GSA Class Deviation - Representation by Entities regarding Incorporation or Charter in Bermuda or the Cayman Islands - Fiscal Year 2015 Appropriations

Insert the following representation clause into each solicitation where the resulting contract may use funds appropriated by the Consolidated and Further Continuing Appropriations Act, 2015, Division E, including solicitations for the acquisition of commercial items under FAR part 12, FSS contracts, and GWAC vehicles.

552.209-70 Representation by Entities Regarding Incorporation or Charter in Bermuda or the Cayman Islands - Fiscal Year 2015 Appropriations, Division E Agencies (Month 2015)

(a) This clause only applies if: (1) The contract was entered into in or after fiscal year (FY) 2015; and (2) The source of funding for the contract action is appropriated funding provided

by Division E under the Consolidated and Further Continuing Appropriations Act, 2015.

(b) For task order or delivery orders, this clause should only be used if the base contract against which the order is placed was awarded in or after FY 2015, and the task or delivery order uses funds provided by Division E of the FY15 CF CAA.

(c) Division E Agencies under the Consolidated and Further Continuing Appropriations Act, 2015, consist of the following exhaustive list of entities: - Department of the Treasury (Departmental Offices; Financial Crimes Enforcement Network; Treasury Forfeiture Fund; Bureau of the Fiscal Service; Alcohol and Tobacco Tax and Trade Bureau; United States Mint; Community Development Financial Institutions Fund Program Account; Internal Revenue Service); - Executive Office of the President and Funds Appropriated to the President (White House; Executive Residence at the White House; White House Repair and Restoration; Council of Economic Advisors; National Security Council and Homeland Security Council; Office of Administration; Office of Management and Budget; Office of National Drug Control Policy; Information Technology Oversight and Reform; Special Assistance to the President; Official Residence of the Vice President); - The Judiciary (Supreme Court of the United States; United States Court of Appeals for the Federal Circuit; United States Court of International Trade; Courts of Appeals, District Courts and Other Judicial Services; Administrative Office of the United States Courts; Federal Judicial Center; United States Sentencing Commission); - District of Columbia (A// Federal funding); - Independent Agencies (Administrative Conference of the United States; Commodity Futures Trading Commission; Consumer Product Safety Commission; Election Assistance Commission; Federal Communications Commission; Federal Deposit Insurance Corporation; Federal Election Commission; Federal Labor Relations Authority; Federal Trade Commission; General Services Administration; Harry S.

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Truman Scholarship Foundation; Merit Systems Protection Board; Morris K. Udall and Stewart A. Udall Foundation; National Archives and Records Administration; National Credit Union Administration; Office of Government Ethics; Office of Personnel Management; Office of Special Counsel; Postal Regulatory Commission; Privacy and Civil Liberties Oversight Board; Recovery Accountability and Transparency Board; Securities and Exchange Commission; Selective Service System; Small Business Administration; United States Postal Service; United States Tax Court)

(d) In accordance with Section 627 of the Consolidated and Further Continuing Appropriations, Act, 2015, none of the funds made available by the Consolidated and Further Continuing Appropriations, Act, 2015, Division E, may be used to enter into any contract with an incorporated entity if such entity's sealed bid or competitive proposal shows that such entity is incorporated or chartered in Bermuda or the Cayman Islands, and such entity's sealed bid or competitive proposal shows that such entity was previously incorporated in the United States.

(e) The Offeror represents that it is []is not []an entity incorporated or chartered in Bermuda or the Cayman Islands, and was [ ] or was not [ ] previously incorporated or chartered in the United States.

[End of Clause]

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