Effective immediately, unless an exception applies, contracting officers shall include the attached contract clause 252.225-7968, Restriction on Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations, in solicitations and contracts, including solicitations using Federal Acquisition Regulation part 12 procedures for the acquisition of commercial products including commercially available off-the-shelf items and commercial services, that are for the acquisition of covered items of personal protective equipment materials and components, or sanitizing and disinfecting wipes, testing swabs, gauze, or bandages, with an estimated value above $150,000.
This class deviation implements section 802 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117-81). Section 802 adds the prohibition in 10 U.S.C. 2533e that prohibits the acquisition of personal protective equipment covered items and certain other items from non-allied foreign nations: The Democratic People's Republic of North Korea; The People's Republic of China; The Russian Federation; and The Islamic Republic of Iran, subject to exceptions. Section 802 also transfers 10 U.S.C. 2533e to 10 U.S.C. 4875 (section 1870(d) of the NDAA for FY 2021 (Pub. L. 116-283) and amended by section 802 of the NDAA for FY 2022.
"Covered item" is defined as an article or item of-
The prohibition does not apply to an acquisition-
A copy of any determination shall be included in the contract file.
This class deviation remains in effect until it is incorporated in the Defense Federal Acquisition Regulation Supplement or is otherwise rescinded.