DATE:         May 8, 2015

TO:              Procurement Directors/Contracting Officers

FROM:        Director

                    Contract and Financial Assistance Policy Division

                    Office of Policy

                   Office of Acquisition and Project Management

SUBJECT:  Federal Acquisition Regulation Class Deviation to Implement an Appropriations Provision Related to Internal Confidentiality Agreements and the Reporting of Fraud, Waste, or Abuse (FWA)

SUMMARY:  The Civilian Agency Acquisition Council (CAAC) issued CAAC Letter 2015-02, authorizing agencies to issue a Class Deviation to prohibit the use of funds appropriated or otherwise for a contract, grant, or cooperative agreement with an entity that requires employees or subcontractors seeking to report FWA to sign internal confidentiality agreements or statements prohibiting or otherwise restricting the lawful reporting of FWA to designated agents of the Government. This Policy Flash forwards the approved DOE class deviation with associated required provision and clause for incorporation into solicitations and contracts. 

Questions concerning this policy flash should be directed to Mike Dombrowski, of the Contract and Financial Assistance Policy Division at (202) 287-1828 or at michael.dombrowski@hq.doe.gov.

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