Class Deviation 2009-O0012
Implement Temporary Authority to Acquire Products and Services Produced in Countries along a Major Route of Supply to Afghanistan

I hereby approve a class deviation to implement section 801 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. 1. 111-084). Section 801 provides temporary authority to limit competition to, or provide a preference for products and services that are from countries along the Northern Distribution Network in support of operations in Afghanistan when it is determined that it is in the national security interest of the United States.

The following procedures are to be followed by all DoD contracting officers when using the temporary authority to acquire products and services produced in Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan:

  • Prepare and execute a written determination if the procurement is an "acquisition in support of operations in Afghanistan" in accordance with DFARS 225.7799-2 (DEVIATION).
  • Evaluate offers in accordance with DFARS 225.7799-3 (DEVIATION).
  • Include the new provision 252.225-7998, Preference for Products or Services from Central Asia, Pakistan, or the South Caucasus (November 2009) (DEVIATION) (attachment 1) in solicitations that provide a preference for products or services from Central Asia, Pakistan, or the South Caucasus in accordance with 225.7799 1(a)( 1)(DEVIATION).
  • Include the new clause 252.225-7999, Requirement for Products or Services from Central Asia, Pakistan, or the South Caucasus (November 2009) (DEVIATION) (attachment 1) in all solicitations and that include the provision at 252.225-7998, Preference for Products or Services from Central Asia, Pakistan, or the South Caucasus (DEVIATION), and in the resulting contract.
  • When the Trade Agreements provision and clause apply (see 225.1101(5) and (6), then class deviation 2009-00007 also is applicable, until incorporated into the DFARS or rescinded.

This class deviation is effective upon signature, and remains in effect until October 27,2012, unless incorporated in the DFARS or until rescinded.

Status:
Archived
Expired
Effective Date: November 12, 2009 (12 years ago)
Expire Date: October 27, 2012 (9 years ago)
Official Documents: Memo
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