PGI 225.7703-2 Determination requirements.

(b) Subject matter experts for defense industrial base matters are as follows:

For Army: SAAL-PA, Army Industrial Base Policy, telephone 703-695-2488.

For DLA: DLA J-74, Acquisition Programs and Industrial Capabilities Division, telephone

703-767-1427.

For Navy: Ship Programs, DASN Ships, telephone 703-697-1710.

For Air Force: Air Force Research Laboratory, Materials Manufacturing Directorate, telephone

703-588-7777.

For Other Defense Agencies: Personnel at defense agencies without industrial base expertise on

staff should contact the Office of the Deputy Assistant Secretary of Defense for Industrial Policy

(Acquisition and Sustainment), telephone 703-697-0051.

(c) Determination formats.

(i) Prepare an individual determination and findings substantially as follows:

DEPARTMENT OR AGENCY

Authority to Acquire Products or Services from Afghanistan

Determination and Findings

Upon the basis of the following findings and determination which I hereby make in accordance

with the provisions of DFARS 225.7703-2, the acquisition of a product or service, other than

small arms, in support of operations in Afghanistan may be made as follows:

Findings

1.

The [contracting office] proposes to purchase under contract

number ________________, [describe item]. The total estimated

cost of this acquisition is ____________________.

2. The product or service is to be used by [describe the entity(ies)

that are the intended user(s) of the product or service].
3.

The contracting officer recommends conducting the acquisition

using the following procedure, which, given this determination,

is authorized by section 886 of Public Law 110-181, as amended

by section 842 of Public Law 112-239 and section 886 of Public

Law 114-92:

[Select one of the following:]

Provide a preference for products or services from Afghanistan.

Limit competition to products or services from Afghanistan.

Use procedures other than competitive procedures to award a

contract to a particular source or sources from Afghanistan.

4.

To implement the recommended procedure, the solicitation will

contain [title and number of the applicable provision and/or

clause prescribed at DFARS 225.7703-4 ].

5. The proposed acquisition will provide a stable source of jobs in

Afghanistan because __________________________.

6. The proposed use of other than full and open competition is

necessary to provide this stable source of jobs in Afghanistan.

7.

The proposed use of other than full and open competition will

not adversely affect military operations or stability operations in

Afghanistan, because ____________________. This is the opinion of

the [title of the official responsible for operations in the area

involved].

8. The proposed use of other than full and open competition will

not adversely affect the United States industrial base.
9.

[If a preference will be provided for products or services from

Afghanistan, or if competition will be limited to products or

services from Afghanistan, include—

(1) A description of efforts made to ensure that offers are

solicited from as many potential sources as is practicable; and

(2) Whether a notice was or will be publicized as required by

FAR Subpart 5.2 and, if not, which exception in FAR 5.202

applies.]

- or -

[If procedures other than competitive procedures will be used to

award a contract to a particular source or sources from

Afghanistan, include—

(1) A description of the market research conducted in

accordance with FAR part 10 and the results; or a statement of

the reason market research was not conducted;

(2) A listing of the sources, if any, that expressed, in writing, an

interest in the acquisition;

(3) A demonstration that the proposed contractor’s unique

qualifications require the use of a noncompetitive acquisition, or

an explanation of the other reasons for use of a noncompetitive

acquisition; and

(4) A certification by the contracting officer that the information

in paragraphs (1) through (3) above is accurate and complete to

the best of the contracting officer’s knowledge and belief.]

Determination

I hereby determine that it

is in the national security

interest of the United

States to use the

acquisition procedure

described above, because

the procedure is

necessary to provide a

stable source of jobs in

Afghanistan and it will not

adversely affect (1)

Operations in Afghanistan

or (2) the United States

industrial base.

(Date)

(ii) Prepare a determination and findings for a class of acquisitions substantially as follows:
DEPARTMENT OR

AGENCY

Authority to

Acquire Products or

Services from

Afghanistan

Determination and

Findings

Upon the basis of

the following

findings and

determination

which I hereby

make in accordance

with the provisions

of DFARS

225.7703-2, the

acquisition of

products or

services, other than

small arms, in

support of

operations in

Afghanistan may be

made as follows:

Findings

1.

It is anticipated that [applicable

departments/agencies/components] will need to

award contracts during the period from

___________ to _____________ in order to acquire

[describe the type(s) of products or services]

for [describe the purpose, if the purpose for

which the items will be acquired is a defining

characteristic of the class of acquisitions to be

covered by the class determination].

2.

The products or services to be acquired under

the contemplated contracts are to be used by

[describe the entity(ies) intended to use the

products or services].
3.

This class of acquisitions should be conducted

using the following procedure, which, given this

determination, is authorized by section 886 of

Public Law 110-181, as amended by section 842

of Public Law 112-239 and section 886 of Public

Law 114-92:

[Select one of the following:]

Provide a preference for products or services

from Afghanistan.

Limit competition to products or services from

Afghanistan.

Use procedures other than competitive

procedures to award a contract to a particular

source or sources from Afghanistan.

4.

To implement the recommended procedure,

solicitations will contain [title and number of

the applicable provision and/or clause

prescribed at DFARS 225.7703-4].

5.

Each of the contemplated contracts will provide

a stable source of jobs in Afghanistan, because

__________________________.

6.

The proposed use of other than full and open

competition for this class of acquisitions is

necessary to provide this stable source of jobs

in Afghanistan.

7.

The proposed use of other than full and open

competition for this class of acquisitions will

not adversely affect operations in Afghanistan,

because__________________. This is the opinion of

the [title of the official responsible for

operations in the area involved].

8.

The proposed use of other than full and open

competition for this class of acquisitions will

not adversely affect the United States industrial

base.
9.

[If a preference will be provided for products or

services from Afghanistan, or if competition will

be limited to products or services from

Afghanistan, include— (1) A description of the efforts that will be made

to ensure that offers are solicited from as many

potential sources as is practicable; and (2) Whether a notice will be publicized as

required by FAR Subpart 5.2 and, if not, which

exception in FAR 5.202 applies.]

- or -

[If procedures other than competitive

procedures will be used to award contracts to a

particular source or sources from Afghanistan,

include— (1) A description of the market research

conducted in accordance with FAR part 10 and

the results; or a statement of the reason market

research was not conducted; (2) A listing of the sources, if any, that

expressed, in writing, an interest in this class of

acquisitions; (3) A demonstration that the proposed

contractor’s unique qualifications require the

use of a noncompetitive acquisition, or an

explanation of the other reasons for use of a

noncompetitive acquisition; and

(4) A certification by the contracting officer

that the information in paragraphs (1) through

(3) above is accurate and complete to the best

of the contracting officer’s knowledge and

belief.
Determination

I hereby determine

that it is in the

national security

interest of the

United States to

use the acquisition

procedure

described above for

[description of the

class of acquisitions

to which this

determination is

intended to apply],

because the

procedure is

necessary to

provide a stable

source of jobs

Afghanistan and it

will not adversely

affect (1)

Operations in

Afghanistan or (2)

the United States

industrial base.

(Date)

(iii) Prepare a determination and findings for acquisitions issued pursuant to

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pd, to Acquire

Products and Services Produced in Afghanistan or in Countries along a Major Route of Supply to

Afghanistan, substantially as follows:

DEPARTMENT OR AGENCY AUTHORITY TO ACQUIRE PRODUCTS OR SERVICES

FROM___________1___________

Determination and Findings

Upon the basis of the following findings and determination, which I hereby make in accordance with

the provisions of DFARS 225.7799-2 (DEVIATION

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pdf), the acquisition of

a product or service, other than small arms, in support of operations in Afghanistan may be made as

follows:

FINDINGS

1. The ___________1A___________ proposes to purchase under solicitation number

_________1B__________, ____________________1C___________________. The total estimated cost of this
acquisition is _____ 1D_____.

2. The product or service is to be used by ________________2_________________.

3. The contracting officer recommends conducting the acquisition using the following procedure,

which, given this determination, is authorized by section 801 of Public Law 111-84, as amended by

section 886 of Public Law 114-92 and section 1212 of Public Law 116-92, and section 886 of Public

Law 110-181, as amended by section 842 of Public Law 112-239 and section 886 of Public Law

114-92:_____________________________________3______________________________.

4. To implement the recommended procedure, the solicitation will contain: a. DFARS 252.225-7998,

Preference for Products or Services from Afghanistan, a Central Asian state, Pakistan, or the South

Caucasus (DEC 2019) (DEVIATION

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pdf), and DFARS

252.225-7999, Requirement for Products or Services from Afghanistan, a Central Asian state,

Pakistan, or the South Caucasus (DEC 2019) (DEVIATION

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pdf); or b. DFARS

252.225-7996, Acquisition Restricted to Products or Services from Afghanistan, a Central Asian

state, Pakistan, or the South Caucasus (DEC 2019) (DEVIATION

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pdf).

5. The proposed acquisition will provide a product or service that is to be used

____________________________5________________________________________.

6.a. For products or services from Afghanistan, a Central Asian state, Pakistan, or the South

Caucasus, it is in the national security interest of the United States to use a procedure specified in

225.7799-1(a)(DEVIATION

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pdf) because the

procedure is necessary to ____________________________6A________________________________.

Use of the procedure for acquisition of products or services from Afghanistan, a Central Asian state,

Pakistan, or the South Caucasus will not adversely affect military or stability operations in

Afghanistan or the United States industrial base (see 6B).

b. For products or services from Afghanistan, it is in the national security interest of the United

States to use a procedure specified in 225.7799-1(a)(DEVIATION

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pdf) because the

procedure is necessary to provide a stable source of jobs in Afghanistan.

Use of the procedure for acquisition of products or services from Afghanistan will not adversely

affect military or stability operations in Afghanistan or the United States industrial base (see 6B).

(see 6C)

7. Acquisitions conducted using the procedures specified in DFARS 225.7799-1(a) (DEVIATION

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pdf), (see para. 3.

above), are authorized to use other than full and open competition procedures and do not require

the justification and approval addressed in FAR Subpart 6.3.

8. Requirement will be/was synopsized: YES [___] NO [___]. If not synopsized, exception at FAR

5.202(a) applies.

___________________________________ Date:_____________
CONTRACTING OFFICER

Name:______________________

Office Symbol: _______________

DETERMINATION

In accordance with the authorization outlined in DFARS 225.7799-2(b)(1)(i)(DEVIATION

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pdf) and under the

authority of section 801 of Public Law 111-84, as amended by section 886 of Public Law 114-92 and

section 1212 of Public Law 116-92, and section 886 of Public Law 110-181, as amended by section

842 of Public Law 112-239 and section 886 of Public Law 114-02, I hereby determine that it is in the

national security interest of the United States to use the acquisition procedure described above

because the procedure is necessary to encourage countries along a major route of supply in support

of military and stability operations in Afghanistan. This procedure will not adversely affect military

or stability operations in Afghanistan or the United States industrial base.

___________________________________ Date:_____________

INSTRUCTIONS FOR COMPLETING DETERMINATION

1 Afghanistan, a Central Asian state, Pakistan, or the South Caucasus

1A Office symbol of your contracting office

1B RFP/RFQ/IFB number

1C Description of the items to be purchased

1D Estimated amount of the requirement (in USD)

2 Describe the entity(ies) that are the intended user(s) of the product or service

3 Select and include one of the following:

a. Provide a preference for products or services from Afghanistan, a Central Asian state, Pakistan, or

the South Caucasus in accordance with the evaluation procedures at 225.7799-3 (DEVIATION

https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2020-O0002.pdf). b. Limit

competition to products or services from Afghanistan, a Central Asian state, Pakistan, or the South

Caucasus DEVIATION 2020-O0002).

5 Select and include one of the following:

In the country that is the source of the product or service.

In the course of efforts by the United States and the Forces to ship goods to or from Afghanistan in

support of operations in Afghanistan.

By the military forces, police, or other security personnel of Afghanistan.

By the United States or coalition forces in Afghanistan.

6Ai Paragraph (6.a. may be deleted if the product or service is for use by the military forces, police,
or other security personnel of Afghanistan.

6Aii Select and include one of the following:

Reduce the overall United States transportation costs and risks in shipping goods in support of

operations in Afghanistan.

Encourage states of Central Asia, Pakistan, and the South Caucasus to cooperate in expanding

supply routes through their territory in support of operations in Afghanistan.

Help develop more robust and enduring routes of supply to or from Afghanistan.

6B The contracting officer generally may presume that there will not be an adverse effect on the

U.S. industrial base. However, when in doubt the contracting officer should coordinate with the

applicable subject matter experts.

6C Delete paragraph 6.b. if the product or service concerned is to be used only by the military

forces, police, or other security personnel of Afghanistan.

7 Include a description of efforts made to ensure offers are solicited from as many potential sources

as is practicable.

Parent topic: PGI 225.7703 Enhanced authority to acquire products or services from Afghanistan.