Use the following provisions and clauses in solicitations that meet the specified criteria, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items:
(a) In solicitations and contracts that limit competition to products or services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus in accordance with 225.7799-1(a)(2), use the clause at 252.225-7996, Acquisition Restricted to Products or Services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus (DEVIATION 2020-O0002).
(b) In solicitations and contracts that provide a preference for products or services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus in accordance with 225.7799-1(a)(1), use the clause at 252.225-7999, Requirement for Products or Services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus (DEVIATION 2020-O0002).
(c) In solicitations that include the clause at 252.225-7999, Requirement for Products or Services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus (DEVIATION 2020-O0002) in accordance with 225.7799-1(a)(1), use the provision at 252.225-7998, Preference for Products or Services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus (DEVIATION 2020-O0002).
(d) When the Trade Agreements Act applies to the acquisition, use the appropriate clause and provision as prescribed at DFARS 225.1101(5) and (6) or DFARS 225.7503(b)(3) or (b)(4).
(e)(1) Do not use any of the following DFARS provisions or clauses in solicitations or contracts that include the provision at 252.225-7998 (DEVIATION 2020-O0002) or the clauses at 252.225-7996 (DEVIATION 2020-O0002) or 252.225-7999 (DEVIATION 2020-O0002):
- 252.225-7000, Buy American—Balance of Payments Program Certificate.
(ii) 252.225-7001, Buy American and Balance of Payments Program.
(iii) 252.225-7002, Qualifying Country Sources as Subcontractors.
(iv) 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program Certificate.
(v) 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program.
(2) Do not use the following DFARS provision and clause in solicitations or contracts for the acquisition of supplies that include the clause at 252.225-7996 (DEVIATION 2020-O0002):
(i) 252.225-7020, Trade Agreements Certificate.
(ii) 252.225-7021, Trade Agreements.
PREFERENCE FOR PRODUCTS OR SERVICES FROM AFGHANISTAN, A CENTRAL ASIAN STATE, PAKISTAN, OR THE SOUTH CAUCASUS (DEC 2019)(DEVIATION 2020-O0002)
(a) Definitions. “Product from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus” and “service from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus” as used in this provision, are defined in the clause of this solicitation entitled “Requirement for Products or Services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus” (252.225-7999 (DEVIATION 2020-O0002)).
(b) Other products or services. Offerors that include products and services in their offer that are not products or services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus shall identify the solicitation line item number and the country of origin for the non-Afghanistan, a non-Central Asian state, non-Pakistan, or a non-South Caucasus product or service in the offer.
(c) Representation. By submission of its offer, the Offeror represents that the offer meets the criteria set forth in paragraph (a) of this provision and that all products or services to be delivered under a contract resulting from this solicitation are products or service from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus, unless, in its offer, the Offeror specified that it would provide products or services other than products or services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus.
(d) Evaluation. For the purpose of evaluating competitive offers, the Contracting Officer will increase by 100 percent the prices of offers of products or services that are not products from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus or services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus.
(End of provision)
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