DFARS 252.225-7999 Requirement for Products or Services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus (DEVIATION 2020-O0002). DEV (Dec 2019) (Current)

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):


  1. 252.225-7000, Buy American—Balance of Payments Program Certificate.



  2.  
  3.  

                     (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.
 

REQUIREMENT FOR PRODUCTS OR SERVICES FROM AFGHANISTAN, A CENTRAL ASIAN STATE, PAKISTAN, OR THE SOUTH CAUCASUS (DEC 2019) (DEVIATION 2020-O0002)

(a) Definitions. As used in this clause—

“Central Asian state” means the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan, or the Republic of Uzbekistan.

“Product from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus” means a product (including a commercial item) that is mined, produced, or manufactured in Afghanistan, a Central Asian state, Pakistan, or the South Caucasus. This term does not include construction material brought to the construction site by the contractor or subcontractor for incorporation into the building or work, but does cover material separately purchased by the Government to be incorporated into the building or work.

“Service from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus” means a service (including construction) that is performed in Afghanistan, a Central Asian state, Pakistan, or the South Caucasus by citizens or permanent resident aliens of these countries.

“South Caucasus” means the Republic of Armenia, the Republic of Azerbaijan, or Georgia. 

(b)  Requirements.

        (1)  The Contractor shall provide only 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 under this contract, unless, in its offer, it specified that it would provide products or services other than 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.

       (2)  For construction contracts, the Contractor is encouraged, but not required, to use construction material from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus. The use of construction material from other than Afghanistan, a Central Asian state, Pakistan, or the South Caucasus may also be subject to Balance of Payments Program or trade agreements restrictions, if the contract includes the clause 252.225-7044, Balance of Payments Program—Construction Material, used with its Alternate I; or 252.225-7045, Balance of Payments Program—Construction Material Under Trade Agreements, used with its Alternate II or Alternate III. 

(End of clause)
 

NONE

Prime’s Interest;
(Applies to solicitations and contracts that provide a preference for products or services from Afghanistan, a Central Asian state, Pakistan, or the South Caucasus.)
⚠ <>252.225-7000 Basic
⚠ <>252.225-7001 Basic
⚠ <>252.225-7035 Basic
⚠ <>252.225-7036 Basic

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