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FARS

Section 225.7703-5: Solicitation provisions and contract clauses.

    (a) Use the provision at 252.225-7023, Preference for Products or Services from Iraq or Afghanistan, in solicitations that provide a preference for products or services from Iraq or Afghanistan in accordance with 225.7703-1(a)(1). The contracting officer-

      (1) May modify the provision to provide a preference exclusively for products or services from Iraq or exclusively for products or services from Afghanistan by removing “or Afghanistan” or “Iraq or”, respectively, wherever the phrase appears in the provision. If this provision is so modified, the clause at 252.225-7024 shall be modified accordingly; and

      (2) 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 Iraq or Afghanistan, in solicitations that include the provision at 252.225-7023, Preference for Products or Services from Iraq or Afghanistan, and in the resulting contract. If the provision at 252.225-7023 has been modified to provide a preference exclusively for Iraq or exclusively for Afghanistan, in accordance with paragraph (a)(1) of this subsection, the clause at 252.225-7024 shall be modified accordingly.

    (c)(1) Use the clause at 252.225-7026, Acquisition Restricted to Products or Services from Iraq or Afghanistan, in solicitations and contracts that-

        (i) Are restricted to the acquisition of products or services from Iraq or Afghanistan in accordance with 225.7703-1(a)(2); or

        (ii) Will be directed to a particular source or sources from Iraq or Afghanistan in accordance with 225.7703-1(a)(3).

      (2) The contracting officer may modify the clause to restrict the acquisition to products or services from Iraq, or to restrict the acquisition to products or services from Afghanistan, by removing “or Afghanistan” or “Iraq or”, respectively, wherever the phrase appears in the clause.

    (d) When the Trade Agreements Act applies to the acquisition, use the appropriate clause and provision as prescribed at 225.1101 (5), (6), or (7).

    (e) 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 Act-Balance of Payments Program Certificate.

(2) 252.225-7001, Buy American Act and Balance of Payments Program.

(3) 252.225-7002, Qualifying Country Sources as Subcontractors.

(4) 252.225-7035, Buy American Act-Free Trade Agreements-Balance of Payments Program Certificate.

(5) 252.225-7036, Buy American Act-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.

    (f) 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.

      (3) 252.225-7022, Trade Agreements Certificate-Inclusion of Iraqi End Products.




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