Class Deviation 2009-O0007
Foreign Participation in DoD Acquisitions in Support of Operations in Afghanistan

Attached is a class deviation from three DFARS provisions and five DFARS clauses (Attachment 1) to implement determinations made by the Deputy Secretary of Defense (Attachments 2 and 3) regarding foreign participation in future DoD acquisitions in support of operations in Afghanistan.

The Deputy Secretary has waived the World Trade Organization Government Procurement Agreement prohibition on acquisitions from non-designated countries order to allow acquisition from the nine South Caucasus/Central and South Asian states (SC/CASA): Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan.

The Deputy Secretary also has waived the Balance of Payments Program in order to eliminate the 50 percent evaluation factor that would otherwise be applied to offers of products from the SC/CASA states to support operations in Afghanistan.

As provided in the Deputy Secretary's determinations dated July 9, 2009, the waivers apply to a DoD acquisition of end products, construction materials, or services when the primary purpose of the acquisition is to support operations in Afghanistan. This memorandum establishes procedures to be followed by all DoD contracting officers when conducting such acquisitions or by GSA contracting officers when acting on behalf of DoD and using funds appropriated for DoD.

Contracting officers shall use the solicitation provisions and contract clauses in Attachment 1 in solicitations and contracts for acquisitions in support of operations in Afghanistan in accordance with the criteria in the clause prescriptions at 225.1101 and 225.75.

This class deviation is effective upon signature, and remains in effect until incorporated in the DFARS or until otherwise rescinded.

Effective Date: July 15, 2009 (13 years ago)
Expire Date: None Given
Incorporated: December 29, 2010 (12 years ago)
Official Documents: Memo
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