Class Deviation 2017-O0009
Products and Services from the African Host Nation- Djibouti

Effective immediately, contracting officers shall use the procedures and clauses provided in this class deviation when acquiring products or services from the African host nationĀ­ Djibouti in support of covered activities in Djibouti. This class deviation implements section 899A of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. This enhanced authority is to limit competition to, or provide a preference for, products or services from the African host nation- Djibouti when in support of operations in Djibouti. Section 899A of the NDAA for FY 2017 repeals section 1263 of the NDAA for FY 2015; therefore, this class deviation rescinds and supersedes Class Deviation 2016-O0005, dated February 4, 2016.

Section 899A provides enhanced procurement authority to limit competition to, or provide a preference for, products and services from an African host nation or a covered African country other than the African host nation, for acquisitions in support of Department of Defense activities in a covered African country. Currently, Djibouti is the only African country that has adequate processes in place to function as an African host nation or covered African country, as those terms are defined in section 899A. As provided in section 899A, however, this authority is not available for the procurement of any product on the AbilityOne Procurement List, if such a product can be delivered by a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely disabled in a timely fashion to support mission requirements. When utilizing this authority, the contracting officer shall-

  • Follow the procedures in attachment 1, which addresses the use of appropriate solicitation provisions, contract clauses, and evaluation of offers;
  • Prepare a written individual or class determination, using a format substantially the same as provided at attachments 2 and 3 respectively, to be executed by the appropriate official;
  • Report to DPAP/PACC, the following infom1ation within 10 calendar days of award when an individual or class determination is used during calendar year 2017:
    1. Whet her the acquisition procedure at 225.7798-3(a)(l) or (a)(2) was used.
    2. A description of the products and services acquired.
    3. The extent to which the use of the authority has met the one or more of the objectives of section 899A of the NDAA for FY 2017; and
  • Submit all reports no later than 1 Nov 2017 to DPAP/PACC at contingencycontracting@osd.mil for required Secretary of Defense report to Congress.

This class deviation remains in effect until it is incorporated in the DFARS or otherwise rescinded.

Status:
Active
Effective Date: September 15, 2017 (4 years ago)
Expire Date: None Given
References: 2016-O0005
Official Documents: Memo
Official Attachments: 1
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