Exception
FAR 9.109-3 allows exceptions to arms control-related contracting prohibitions for procurements along major supply routes to combat or contingency zones, as determined by relevant authorities.
Overview
FAR 9.109-3 provides an exception to the prohibition on contracting with entities involved in activities that violate arms control treaties or agreements with the United States, as outlined in FAR 9.109-2. Specifically, this exception applies to contracts for products or services procured along a major route of supply to a zone of active combat or major contingency operation. The determination of what constitutes a major route of supply is made by statute or by the cognizant Combatant Commander, in consultation with the Chief of Mission. As of May 10, 2018, the countries identified as being along the major route of supply for operations in Afghanistan include Afghanistan, Georgia, the Kyrgyz Republic, Pakistan, Armenia, Azerbaijan, Kazakhstan, Tajikistan, Uzbekistan, and Turkmenistan.
Key Rules
- Exception to Prohibition
- The prohibition on contracting with certain entities does not apply to contracts supporting major supply routes to active combat or contingency zones, as determined by relevant authorities.
- Geographic Scope
- The exception specifically lists countries along the major supply route for Afghanistan operations as of a certain date.
Responsibilities
- Contracting Officers: Must verify if the procurement falls under the exception and ensure proper documentation of the route and operation status.
- Contractors: Should be aware of the exception and confirm eligibility if operating in the specified countries or routes.
- Agencies: Must coordinate determinations with the Combatant Commander and Chief of Mission as required.
Practical Implications
- This exception allows for operational flexibility in urgent or high-risk environments where supply routes are critical.
- Contractors operating in or supplying to the listed countries may be eligible for contracts otherwise prohibited under FAR 9.109-2.
- Failure to properly document the applicability of this exception could result in compliance issues or contract disputes.