PGI 2012-P011

Implementation of Class Deviation 2012-O0009

(Revise Implementation of Temporary Authority to Acquire Products and Services (Including Construction) from Countries along a Major Supply Route to Afghanistan)

PGI Text

PGI 225—FOREIGN ACQUISITION

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PGI 225.77—ACQUISITIONS IN SUPPORT OF OPERATIONS IN IRAQ OR AFGHANISTAN

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PGI 225.7703-2 Determination requirements.

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(c) Determination formats.

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(iii) Prepare a deviation[determination] and findings for acquisitions issued pursuant to Class Deviation 2009-O0012[2012-O0009], Class Deviation to Implement [Revise Implementation of] Temporary Authority to Acquire Products and Services [(Including Construction) from] Produced in Countries along a Major Route of Supply to Afghanistan, substantially as follows:

DEPARTMENT OR AGENCY

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 [2012-O0009]), the

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

FINDINGS

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 111-084:

_________________________________3_____________________ _________________________________________.

4. To implement the recommended procedure, the solicitation will contain:

5. The proposed acquisition will provide a product or service that is to be used ___________5__________________________________________________________________________________________________________.

6. It is in the national security interest of the United States to use a procedure specified in 225.7799-1(a)(DEVIATION [2012-O0009]) because the procedure is necessary to _________________________________6A________________________________.

Use of the procedure will not adversely affect [military or stability operations in Afghanistan or the United States industrial base (see] _6B[)]__.

7. Acquisitions conducted using the procedures specified in DFARS 225.7799-1(a) (DEVIATION [2012-O0009]), (see para. 3. above), are authorized to use other than full and open competition procedures and do not require the justification and approved[al] addressed in FAR Subpart 6.3.

8. If a preference will be provided to products or services from Central Asia[ Pakistan, or the South Caucasus, or if competition will be limited to products or services from Central Asia, Pakistan, or the South Caucasus, include—

Requirement will be/was synopsized: YES NO If not synopsized, exception at FAR 5.202(a) applies.

9. If other than competitive procedures will be used to award a contract to a particular source(s) from a Central Asian state, Pakistan, or the South Caucasus, the following statements apply –

(a) Market Research: ________________________________________9A________________________________

___________________________________________________________________________________.

(b) Sources that expressed, in writing, an interest in the acquisition: _______________________________9B___________________________________________________

____________________________________________________________________________________.

(c) Contractor’s unique qualifications requiring a noncompetitive acquisition: ______________________________9C_____________________________________________________

____________________________________________________________________________________.

or other reasons for use of a noncompetitive acquisition: _____________________9C______________________________________________________________

____________________________________________________________________________________.

(d) I hereby that the information in paragraphs (1) through (3) above is accurate and complete to the best of my knowledge and belief.

___________________________________ Date:_____________

CONTRACTING OFFICER

Name:______________________

Office Symbol: _______________

DETERMINATION

Head of the Contracting Activity (HCA) Determination

___________________________________ Date:_____________

INSTRUCTIONS FOR COMPLETING DETERMINATION

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:

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 NATO International Security Assistance Force to ship goods to Afghanistan in support of operations in Afghanistan.

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

6A 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[; or 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 Afghanistan.

6B Select and include one of the following:

Operations in Afghanistan (including security, transition, reconstruction, and humanitarian relief activities.

The U.S. industrial base. 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.

8 [Include a d]Description of efforts made to ensure offers are solicited from as many potential sources as is practicable

9A A description of the market research conducted IAW FAR Part 10 and the results; or a statement of the reason why market research was not conducted

9B Provide the names of the sources that expressed an interest in this acquisition

9C Provide rationale for the noncompetitive acquisition: either a description of the contractor’s unique qualifications or other reasons why competition is not appropriate

PGI 225.7703-4 Reporting requirement.

(1) Reports for Class Deviation 2009-O0012, Class Deviation to Implement Temporary

Authority to Acquire Products and Services Produced in Countries along a Major Route of

Supply to Afghanistan [and Class Deviation 2012-O0009, Revise Implementation of Temporary Authority to Acquire Products and Services (Including Construction) from Countries along a Major Supply Route to Afghanistan], shall include—

(i) The number of occasions on which a determination under Class Deviation 2009-O0012 [or 2012-O0009] was made with respect to the exercise of the authority, regardless of whether or not the determination resulted in the exercise of such authority;

(ii) The total dollar amount of contracts issued pursuant to the exercise of such authority displayed—

(A) Separately for each country (Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan [for Class Deviation 2009-O0012]) [(the Kyrgyz Republic, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan for Class Deviation 2012-O0009)]; and

(2) [Reports for the period of January 1, 2012, through October 27, 2012, shall be submitted no later than November 30, 2012, separately reporting determinations and resultant contract actions under the authority of Class Deviation 2001-O0012, and Class Deviation 2012-O0009.]

Reports shall be submitted in accordance with the following schedule:

Reportable Actions Occurring

From - To

Submit Report

No Later Than

September 15, 2009 – December 31, 2009

January 31, 2010

January 1, 2010– December 31, 2010

January 31, 2011

January 1, 2011 – December 31, 2011

January 31, 2012