Class Deviation 2020-O0002
Authority to Acquire Products and Services Produced in Afghanistan or in Countries Along a Major Route of Supply to Afghanistan

This class deviation rescinds and supersedes class deviation 2019-O0004. 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 2020-O0002);
  • Evaluate offers in accordance with DFARS 225.7799-3 (DEVIATION 2020-O0002); and
  • Include the appropriate provision and/or clause in the solicitation and contract in accordance with DFARS 225.7799-4 (DEVIATION 2020-O0002).

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 section 886 of the NDAA for FY 2016 (Pub. L. 114-92) and, most recently, section 1212 of the NDAA for FY 2020 (Pub. L. 116-92). This class deviation also implements section 886 of the NDAA for FY 2008 (Pub. L. 110-181), as amended by section 842 of the NDAA for FY 2013 (Pub. L. 112-239) and section 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.

Contracting officers shall provide to Contract Policy, Defense Pricing and Contracting, via email at osd.pentagon.ousd-atl.mbx.contingency-contracting@mail.mil, copies of any written determinations made to utilize the authority provided in this class deviation to acquire products or services from a Central Asian state, Pakistan, or the South Caucasus. Copies of the determinations shall be submitted upon contract award. Written determinations made to utilize the authority provided in this class deviation to acquire products or services from Afghanistan do not need to be submitted.

This class deviation remains in effect until December 31, 2021, or until otherwise rescinded.

Status:
Active
Effective Date: December 26, 2019 (a year ago)
Expire Date: December 31, 2021 (in 10 months)
References: 2019-O0004
Official Documents: Memo
Official Attachments: 1
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