Class Deviation 2019-O0004
Authority to Acquire Products and Services Produced in Afghanistan or in Countries Along a Major Route of Supply to Afghanistan

This class deviation includes corrections to the class deviation issued on January 24, 2019, to add a reference to the "National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92)" in paragraph 225.7700(b)(2) on page 2; change the prescription reference for clause 252.225-7998 on page 8 to "225.7799-4(c)"; change the prescription reference for clause 252.225-7999 on page 9 to "225.7799-4(b)"; and make minor editorial changes. This class deviation rescinds and supersedes class deviation 2017-O0003. Effective immediately, to the extent feasible, contracting officers shall use the procedures and clauses provided in the attachment to this class deviation, in lieu of the procedures and clauses at Defense Federal Acquisition Regulation Supplement (DFARS) 225.7703, 252.225-7023, 252.225-7024, and 252.225-7026, when acquiring products or services in support of military or stability operations in Afghanistan. Specifically, if the acquisition is in support of operations in Afghanistan, unless an exception for AbilityOne products applies-

  • Prepare and execute a written determination in accordance with DFARS 225.7799-1 and 225.7799-2 (DEVIATION 2019-O0004);
  • Evaluate offers in accordance with DFARS 225.7799-3 (DEVIATION 2019-O0004); and
  • Include the appropriate provision and/or clause in the solicitation and contract in accordance with DFARS 225.7799-4 (DEVIATION 2019-O0004).

This class deviation implements section 801 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010 (Pub. L. 111-84), as amended by sections 886 of the NDAA for FY 2016 (Pub. L. 114-92) and 1214 of the NDAA for FY 2018 (Pub. L. 115-91), and section 886 of the NDAA for FY 2008 (Pub. L. 110-181), as amended by sections 842 of the NDAA for FY 2013 (Pub. L. 112-239) and 886 of the NDAA for FY 2016. These sections authorize DoD to provide a preference for or limit competition to products or services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus when acquiring products or services, other than small arms, in support of operations in Afghanistan.

This class deviation remains in effect until December 31, 2019, until incorporated in the DFARS or otherwise rescinded.

Effective Date: April 1, 2019 (4 years ago)
Expire Date: December 31, 2019 (3 years ago)
Rescinded: December 26, 2019 (3 years ago)
References: 2017-O0003
Official Documents: Memo
Official Attachments: 1
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