FAR and DFARS › DFARS Part 225: Foreign Acquisition › Subpart 225.77
DFARS 225.7705-3 Procedures.
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 tells contracting officers they cannot spend funds on construction or infrastructure contracts in Afghanistan awarded after December 23, 2016, unless the requiring activity provides specific documentation about safe access or an approved determination. It also requires the contracting officer to monitor progress reports after award and consult with the requiring activity if safe access or security conditions change.
Applies to: Contracting officers awarding construction or infrastructure contracts in Afghanistan after December 23, 2016.
What it requires
- Do not obligate or expend funds unless the requiring activity provides the required documentation.
- After award, review progress reports on whether access remains safe or security conditions permit oversight.
- If safe access or security conditions are not affirmed, consult with the requiring activity to take appropriate actions.
Key terms: contracting officer · requiring activity · written affirmation · approved determination · Congressional notification
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) The contracting officer shall not obligate or expend funds for contracts for a construction or other infrastructure program or project in Afghanistan, awarded after December 23, 2016, unless the requiring activity provides the following documentation:
(1) Written affirmation that military or civilian personnel of the United States Government or their representatives, with authority to conduct oversight of such program or project, can safely access such program or project; or
(2)(i) For programs or projects valued at less than $1 million, sufficient information upon which to base the determination described in 225.7705-2(a); or
(ii)(A) For programs or projects valued at $1 million or more, a copy of the approved determination described in 225.7705-2(a) and (b); and
(B) For programs or projects valued at $40 million or more, a copy of the Congressional notification described in 225.7705-2(c).
(b) After contract award, the contracting officer shall review the requiring activity's progress reports (e.g., contracting officer's representative reports) that addresses whether access continues to be safe or security conditions continue to permit effective implementation and oversight of the contract. If the requiring activity does not affirm continued safe access or, if a determination to waive the prohibition has been approved, that security conditions continue to permit effective implementation and oversight of the contract, then the contracting officer shall consult with the requiring activity to take any appropriate actions.
Sections it refers to
- 225.7705-2 Waiver of prohibition.
← 225.7705-2 Waiver of prohibition. · § 225.7801 225.7801 Policy. →
Rule changes for DFARS Part 225
- Defense Federal Acquisition Regulation Supplement: Modifications to Printed Circuit Board Acquisition Restrictions (DFARS Case 2022-D011) ↗ · proposed 2026-07-02 · comments due 2026-08-31
- Defense Federal Acquisition Regulation Supplement: Small Purchase Exception for the Acquisition of U.S. Flags (DFARS Case 2024-D013) ↗ · proposed 2026-06-25 · comments due 2026-08-24
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · final rule 2025-08-25 · effective 2025-10-01
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2025-08-25 · effective 2025-08-25
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · proposed 2025-01-17 · comments due 2025-03-18
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2024-12-18 · effective 2024-12-18
- Defense Federal Acquisition Regulation Supplement: Inapplicability of Additional Defense-Unique Laws and Certain Non-Statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074) ↗ · final rule 2024-11-15 · effective 2024-11-25
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2024-11-15 · effective 2024-11-15
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.