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                            25.703-4 Waiver.
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart25.025.125.225.325.425.525.625.725.825.925.1025.11
Section25.70025.70125.70225.703
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25.703-4 Waiver.25.703-4 Waiver.       (a) 						            An agency or contractor seeking	a waiver of the requirements of  25.703-2 or  25.703-3, consistent with	section 6(b)(5) of the Iran Sanctions Act or   22 U.S.C. 8551(b),	respectively, and the Presidential Memorandum of September 23, 2010 (75	FR 67025), shall submit the request to the Office of Federal Procurement	Policy, allowing sufficient time for review and approval.                                          (b) 						            Agencies	may request a waiver on an individual or class basis; however, waivers	are not indefinite and can be cancelled, if warranted.                                                         (1) 								                A	class waiver may be requested only when the class of supplies or	equipment is not available from any other source and it is in the	national interest.                                                            (2) 								                Prior to	submitting the waiver request, the request must be reviewed and	cleared by the agency head.                                                                             (c) 						            In general,	all waiver requests should include the following information:                                                         (1) 								                Agency	name, complete mailing address, and point of contact name, telephone	number, and e-mail address.                                                            (2) 								                Offeror’s	name, complete mailing address, and point of contact name, telephone	number, and e-mail address.                                                            (3) 								                Description/nature	of product or service.                                                            (4) 								                The total	cost and length of the contract.                                                            (5) 								                Justification,	with market research demonstrating that no other offeror can provide	the product or service and stating why the product or service must	be procured from this offeror.                                                                           (i) 										                    If the offeror	exports sensitive technology to the government of Iran or any entities	or individuals owned or controlled by, or acting on behalf or at	the direction of, the government of Iran, provide rationale why	it is in the national interest for the President to waive the prohibition	on contracting with this offeror, as required by   22 U.S.C. 8551(b).                                                                              (ii) 										                    If the	offeror conducts activities for which sanctions may be imposed under	section 5 of the Iran Sanctions Act or engages in any transaction	that exceeds the threshold	at  25.703-2(a)(2) with	Iran’s Revolutionary Guard Corps or any of its officials, agents,	or affiliates, the property and interests in property of which are	blocked pursuant to the International Emergency Economic Powers	Act, provide rationale why it is essential to the national security interests	of the United States for the President to waive the prohibition	on contracting with this offeror, as required by section 6(b)(5)	of the Iran Sanctions Act.                                                                                                           (6) 								                Documentation	regarding the offeror’s past performance and integrity (see the	Contractor Performance Assessment Reporting System (CPARS) and the	Federal Awardee Performance Information and Integrity System at   https://www.cpars.gov,	and any other relevant information).                                                            (7) 								                Information	regarding the offeror’s relationship or connection with other firms	that-                                                                           (i) 										                    Export sensitive technology to	the government of Iran or any entities or individuals owned or controlled	by, or acting on behalf or at the direction of, the government of	Iran;                                                                              (ii) 										                    Conduct	activities for which sanctions may be imposed under section 5 of	the Iran Sanctions Act; or                                                                              (iii) 										                    Conduct	any transaction that exceeds the	threshold at  25.703-2(a)(2) with	Iran’s Revolutionary Guard Corps or any of its officials, agents,	or affiliates, the property and interests in property of which are	blocked pursuant to the International Emergency Economic Powers	Act.                                                                                                           (8) 								                Describe-                                                                           (i) 										                    The	sensitive technology and the entity or individual to which it was	exported (i.e., the government of Iran or an entity or individual	owned or controlled by, or acting on behalf or at the direction	of, the government of Iran);                                                                              (ii) 										                    The activities	in which the offeror is engaged for which sanctions may be imposed	under section 5 of the Iran Sanctions Act; or                                                                              (iii) 										                    The	transactions that exceed the	threshold at  25.703-2(a)(2) with	Iran’s Revolutionary Guard Corps or any of its officials, agents,	or affiliates, the property and interests in property of which are	blocked pursuant to the International Emergency Economic Powers	Act.    **Parent topic:**  25.703 Prohibition on contracting with entities that engage in certain activities or transactions relating to Iran.
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