225.770-2 - Prohibition
Do not acquire items covered by the USML or the 600 series of the CCL, through a contract or subcontract at any tier, from any Communist Chinese military company.
This prohibition does not apply to components and parts of covered items unless the components and parts are themselves covered by the USML or the 600 series of the CCL.

225.770-4 - Identifying items covered by the USML or the 600 series of the CCL
(a) Before issuance of a solicitation, the requiring activity will notify the contracting officer in writing whether the items to be acquired are covered by the USML or the 600 series of the CCL. The notification will identify any covered item(s) and will provide the pertinent USML reference(s) from 22 CFR part 121 or the 600 series of the CCL references from 15 CFR part 774, Supplement No. 1.
(b) The USML includes defense articles and defense services that fall into 21 categories. The CCL includes ten categories and five product groups in each category, many of which contain 600 series items. Since not all items covered by the USML or 600 series of the CCL are themselves munitions (e.g., protective personnel equipment, military training equipment), the requiring activity should consult the USML and the 600 series of the CCL before concluding that an item is or is not covered. See PGI 225.770 -4.

225.7701 - Definitions
As used in this subpart—
“Product from Afghanistan” means a product that is mined, produced, or manufactured in Afghanistan.
“Service from Afghanistan” means a service including construction that is performed in Afghanistan predominantly by citizens or permanent resident aliens of Afghanistan.
“Small arms” means pistols and other weapons less than 0.50 caliber.
“Source from Afghanistan” means a source that—
(1) Is located in Afghanistan; and
(2) Offers products or services from Afghanistan.
“Textile component” is defined in the clause at 252.225-7029 , Acquisition of Uniform Components for Afghan Military or Afghan National Police.

225.7703-2 - Determination requirements
Before use of a procedure specified in 225.7703-1 (a), a written determination must be prepared and executed as follows:
(a) For products or services to be used only by the military forces, police, or other security personnel of Afghanistan, the contracting officer shall—
(1) Determine in writing that the product or service is to be used only by the military forces, police, or other security personnel of Afghanistan; and
(2) Include the written determination in the contract file.
(b) For products or services not limited to use by the military forces, police, or other security personnel of Afghanistan, the following requirements apply:
(1) The appropriate official specified in paragraph (b)(2) of this subsection must determine in writing that it is in the national security interest of the United States to use a procedure specified in 225.7703-1 (a), because—
(i) The procedure is necessary to provide a stable source of jobs in Afghanistan; and
(ii) Use of the procedure will not adversely affect—
(A) Operations in Afghanistan (including security, transition, reconstruction, and humanitarian relief activities); or
(B) The U.S. industrial base. The authorizing official generally may presume that there will not be an adverse effect on the U.S. industrial base. However, when in doubt, the authorizing official should coordinate with the applicable subject matter expert specified in PGI 225.7703-2 (b).
(2) Determinations may be made for an individual acquisition or a class of acquisitions meeting the criteria in paragraph (b)(1) of this subsection as follows:
(i) The head of the contacting activity is authorized to make a determination that applies to an individual acquisition with a value of less than $93 million.
(ii) The Director, Defense Procurement and Acquisition Policy, and the following officials, without power of redelegation, are authorized to make a determination that applies to an individual acquisition with a value of $93 million or more or to a class of acquisitions:
(A) Defense Logistics Agency Component Acquisition Executive.
(B) Army Acquisition Executive.
(C) Navy Acquisition Executive.
(D) Air Force Acquisition Executive.
(E) Commander of the United States Central Command Joint Theater Support Contracting Command (C–JTSCC).
(3) The contracting officer—
(i) Shall include the applicable written determination in the contract file; and
(ii) Shall ensure that each contract action taken pursuant to the authority of a class determination is within the scope of the class determination, and shall document the contract file for each action accordingly.
(c) See PGI 225.7703-2 (c) for formats for use in preparation of the determinations required by this subsection.

225.7703-4 - Solicitation provisions and contract clauses
(a) Use the provision at 252.225-7023, Preference for Products or Services from Afghanistan, in solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, that provide a preference for products or services from Afghanistan in accordance with 225.7703-1(a)(1). The contracting officer may modify the 50 percent evaluation factor in accordance with contracting office procedures.
(b) Use the clause at 252.225-7024, Requirement for Products or Services from Afghanistan, in solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, that include the provision at 252.225-7023, Preference for Products or Services from Afghanistan, and in the resulting contract.
(c) Use the clause at 252.225-7026, Acquisition Restricted to Products or Services from Afghanistan, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that -
(1) Are restricted to the acquisition of products or services from Afghanistan in accordance with 225.7703-1(a)(2); or
(2) Will be directed to a particular source or sources from Afghanistan in accordance with 225.7703-1(a)(3).
(d) Use the clause at 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National Police, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for the acquisition of any textile components that DoD intends to supply to the Afghan National Army or the Afghan National Police for purposes of production of uniforms.
(e) When the Trade Agreements Act applies to the acquisition, use the appropriate clause and provision as prescribed at 225.1101 (5) and (6).
(f) Do not use any of the following provisions or clauses in solicitations or contracts that include the provision at 252.225-7023, the clause at 252.225-7024, or the clause at 252.225-7026:
(1) 252.225-7000, Buy American - Balance of Payments Program Certificate.
(2) 252.225-7001, Buy American and Balance of Payments Program.
(3) 252.225-7002, Qualifying Country Sources as Subcontractors.
(4) 252.225-7035, Buy American - Free Trade Agreements - Balance of Payments Program Certificate.
(5) 252.225-7036, Buy American - Free Trade Agreements - Balance of Payments Program.
(6) 252.225-7044, Balance of Payments Program - Construction Material.
(7) 252.225-7045, Balance of Payments Program - Construction Material Under Trade Agreements.
(g) Do not use the following clause or provision in solicitations or contracts that include the clause at 252.225-7026:
(1) 252.225-7020, Trade Agreements Certificate.
(2) 252.225-7021, Trade Agreements.

225.7704 - Acquisitions of products and services from South Caucasus/Central and South Asian (SC/CASA) state in support of operations in Afghanistan


225.7704-1 - Applicability of trade agreements
As authorized by the United States Trade Representative, the Secretary of Defense has waived the prohibition in section 302(a) of the Trade Agreements Act (see subpart 225.4) for acquisitions by DoD, and by GSA on behalf of DoD, of products and services from SC/CASA states in direct support of operations in Afghanistan.

225.7704-2 - Applicability of Balance of Payments Program
The Deputy Secretary of Defense has determined, because of importance to national security, that it would be inconsistent with the public interest to apply the provisions of the Balance of Payments Program (see subpart 225.75) to offers of end products other than arms, ammunition, and war materials (i.e., end products listed in 225.401-70 ) and construction materials from the SC/CASA states that are being acquired by or on behalf of DoD in direct support of operations in Afghanistan.

225.7705-1 - Prohibition
The contracting officer shall not obligate or expend funds for a construction or other infrastructure program or project of the Department in Afghanistan if military or civilian personnel of the United States Government or their representatives, with authority to conduct oversight of such program or project, cannot safely access such program or project. In limited circumstances, this prohibition may be waived in accordance with section 225.7705-2 .

225.771 - Prohibition on contracting or subcontracting with a firm that is owned or controlled by the government of a country that is a state sponsor of terrorism


225.771-1 - Definition
“State sponsor of terrorism,” as used in this section, is defined in the provision at 252.225-7050 , Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

225.771-3 - Notification
Any disclosure that the government of a country that is a state sponsor of terrorism has a significant interest in an offeror, a subsidiary of an offeror, or any other firm that owns or controls an offeror shall be forwarded through agency channels to the address at PGI 225.771-3 .

225.771-5 - Solicitation provision
Use the provision at 252.225-7050 , Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism, in solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items (other than commercial satellite services), that are expected to result in contracts of $150,000 or more. If the solicitation includes the provision at FAR 52.204-7, do not separately list the provision 252.225-7050 in the solicitation.

225.772-0 - Scope
This section implements 10 U.S.C. 2279.

225.772-1 - Definitions
As used in this section—
“Covered foreign country” means—
(1) The People’s Republic of China;
(2) North Korea;
(3) The Russian Federation; or
(4) Any country that is a state sponsor of terrorism. (10 U.S.C. 2279)
“Cybersecurity risk” means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including such related consequences caused by an act of terrorism. (10 U.S.C. 2279)
“Foreign entity” means—
(1) Any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization organized under the laws of a foreign state if either its principal place of business is outside the United States or its equity securities are primarily traded on one or more foreign exchanges.
(2) Notwithstanding paragraph (1) of this definition, any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization that demonstrates that a majority of the equity interest in such entity is ultimately owned by U.S. nationals is not a foreign entity. (31 CFR 800.212)
“Government of a covered foreign country” includes the state and the government of a covered foreign country, as well as any political subdivision, agency, or instrumentality thereof.
“Launch vehicle” means a fully integrated space launch vehicle. (10 U.S.C. 2279)
“Satellite services” means communications capabilities that utilize an on-orbit satellite for transmitting the signal from one location to another.
“State sponsor of terrorism” means a country determined by the Secretary of State, under section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of December 21, 2018, state sponsors of terrorism include: Iran, North Korea, Sudan, and Syria. (10 U.S.C. 2327)

225.7798 - Enhanced authority to acquire products or services of Djibouti in support of DoD operations in Djibouti
See Class Deviation 2016-O0005, dated February 4, 2016, implementing section 1263 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015, Enhanced Authority to Acquire Goods and Services of Djibouti in Support of DoD Activities in the United States Africa Command Area of Responsibility, as amended by section 886(c) of the NDAA for FY 2016. Contracting officers shall limit competition to, or provide a preference for, products or services of Djibouti for procurements in support of DoD operations in the Republic of Djibouti (Djibouti).