CD-2026-01
October 31, 2025
MEMORANDUM FOR GSA CONTRACTING ACTIVITIES
FROM AND DIGITALLY SIGNED BY: Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy
SUBJECT: GSAM Class Deviation, Obligations in Advance of Funding Authority
On this page:
- Purpose
- Applicability
- Instructions
- Authority
- Effective date
- Point of contact
- Attachment A
1. Purpose
This class deviation provides a clause when issuing new contracts, task or delivery orders, modifications, or options to obtain supplies and services necessary to carry out or support excepted activities until funding authority is received for Fiscal Year 2026.
2. Applicability
This class deviation is applicable to:
- Public Buildings Service (PBS) contracting officers and lease contracting officers.
- Federal Acquisition Service contracting officers supporting PBS excepted activities.
This class deviation does not apply to:
- Actions for which PBS has existing funding authority, either from available no-year funds or contracts that have already been awarded up to the amount previously obligated.
- General operations and maintenance (O&M) or repair and alteration (R&A) work, nor is it intended as a cost-savings feature. This class deviation provides a very specific and limited authority.
- Federal Acquisition Service contracting actions unrelated to PBS excepted activities [1].
3. Instructions
Applicable contracting officers must use the clause located at Attachment A to carry out or support any new excepted activities until the contracting activity receives funding authority for Fiscal Year 2026.
Use
The authority to contract without available and appropriate funds is very limited. For example, this authority could be used if flooding from a major storm caused extensive damage. The authority cannot be used for ordinary contract actions.
- To ensure appropriate limited use of this authority, consult with the Office of the General Counsel (OGC) and relevant Program Executive (e.g., Assistant Commissioner for PBS Office of Facility Maintenance), and obtain written concurrence from the applicable Head of Contracting Activity (HCA) prior to using this clause’s authority.
- Include a memo in the contract file briefly explaining the nature of the excepted activity.
- Contracting officers must ensure any contract action using the attached clause is bilateral.
Reporting
- Report usage of this funding clause to SPE.Request@gsa.gov. Use the email subject heading “[Contracting Activity], CD-2026-01, Obligation in Advance of Funding”.
- In the email body, include the contracting officer information and verification of approvals.
4. Authority
In its role as landlord for the Federal Government, GSA oversees over 9,500 Federally owned or leased buildings. During a lapse in funding, GSA maintains responsibility for the protection of life and Federal property, including providing necessary support to other Federal agencies to enable them to perform exempt and excepted activities.
This class deviation is issued:
5. Effective date
This deviation is effective immediately and remains in effect until rescinded or GSA receives funding authority for Fiscal Year 2026, at which time it is automatically rescinded.
6. Point of contact
For general questions regarding this class deviation, direct them to GSA Acquisition Policy Division at GSARPolicy@gsa.gov.
Attachment A
GSAM Text
552.232-99 Obligations in Advance of Fiscal Year 2026 Funding Authority (OCT 2025)
The General Services Administration (GSA) has authority to enter into this contractual action and to make an obligation in advance of Congressional funding authorization. Funds are not currently available or not currently authorized to liquidate this obligation. When funding is authorized, GSA will make payment in accordance with the terms of this contract, including the payment of interest when applicable under the Prompt Payment Act.
This clause supersedes conflicting terms of any other provision of this contract dealing with contract payment or financing until funds are made available to the Contracting Officer for this contractual action.
Endnotes
[1] For questions related to acquisitions on behalf of another agency, see the FAQs on the Shutdown Guidance topic page on the Acquisition Portal.