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FAR and DFARS › DFARS Part 225: Foreign Acquisition › Subpart 225.77

DFARS 225.7705-2 Waiver of prohibition.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how the prohibition in DFARS 225.7705-1 can be waived for certain programs or projects in Afghanistan. A waiver requires a written determination that the program meets seven listed conditions, and the determination must be approved by a specified official based on the program's estimated lifecycle cost. For programs valued at $40 million or more, Congress must be notified within 15 days of the waiver determination.

Applies to: Programs or projects in Afghanistan subject to the prohibition in DFARS 225.7705-1

What it requires

  • Ensure the program or project meets all seven conditions listed in paragraph (a) before a waiver determination is approved
  • Obtain approval of the determination from the official authorized for the program's estimated lifecycle cost under paragraph (b)
  • Provide congressional notification within 15 days of issuing a waiver determination for programs or projects valued at $40 million or more

Key terms: waiver · determination · estimated lifecycle cost · contracting officer · congressional notification

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The prohibition in 225.7705-1 may be waived upon issuance of a determination, approved in accordance with paragraph (b) of this section, that—

(1) The program or project clearly contributes to United States national interests or strategic objectives;

(2) The Government of Afghanistan has requested or expressed a need for the program or project;

(3) The program or project has been coordinated with the Government of Afghanistan, and with any other implementing agencies or international donors;

(4) Security conditions permit effective implementation and oversight of the program or project;

(5) Safeguards to detect, deter, and mitigate corruption and waste, fraud, and abuse of funds are in place;

(6) Adequate arrangements have been made for the sustainment of the program or project following its completion, including arrangements with respect to funding and technical capacity for sustainment; and

(7) Meaningful metrics have been established to measure the progress and effectiveness of the program or project in meeting its objectives.

(b) The following officials are authorized to approve the determination described in paragraph (a) of this section:

(1) In the case of a program or project with an estimated lifecycle cost of less than $1 million, by the contracting officer.

(2) In the case of a program or project with an estimated lifecycle cost of $1 million or more, but less than $20 million, by the senior U.S. officer in the Combined Security Transition Command-Afghanistan.

(3) In the case of a program or project with an estimated lifecycle cost of $20 million or more, but less than $40 million, by the Commander of United States Forces-Afghanistan.

(4) In the case of a program or project with an estimated lifecycle cost of $40 million or more, by the Secretary of Defense.

(c) Congressional notification is required within 15 days of issuance of a determination to waive the prohibition for programs or projects valued at $40 million or more in accordance with paragraph (b)(4) of this section.

Sections it refers to

Sections that refer to it

← 225.7705-1 Prohibition. · 225.7705-3 Procedures. →

Rule changes for DFARS Part 225

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 225.7705-2 Waiver of prohibition · SpendQuery