Class Deviation 2022-O0008
Restriction on Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations

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-

  • Personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material including-
    • Nitrile and vinyl gloves;
    • Surgical masks;
    • Respirator Masks and powered air purifying respirators and required filters;
    • Face shields and protective eyewear;
    • Surgical and isolation gowns and head and foot coverings; or
    • Clothing; and
    • The materials and components thereof; or
  • Sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.

The prohibition does not apply to an acquisition-

  • For sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or
  • If the head of the contracting activity determines that a covered item of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than a covered country to meet the requirements at a reasonable price; or an acquisition-
    • Of a covered item for use outside of the United States; or
    • At or below $150,000.

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.

Status:
Active
Effective Date: March 18, 2022 (6 months ago)
Expire Date: None Given
Official Documents: Memo
Official Attachments: 1
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