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Attachment 1
DARS Tracking Number 2017-O0009
Products and Services from the African Host Nation–Djibouti
PART 206—COMPETITION REQUIREMENTS
* * * * *
SUBPART 206.3--OTHER THAN FULL AND OPEN COMPETITION
* * * * *
206.303 Justifications.
* * * * *
206.303-71 Acquisitions in support of operations in Africa. (DEVIATION 2017-
O0009)
The justification and approval addressed in FAR 6.303 is not required for acquisitions
conducted using a procedure specified in 225.7798-3(a) (DEVIATION 2017-O0009)
* * * * *
PART 225—FOREIGN ACQUISITION
* * * * *
SUBPART 225.4--TRADE AGREEMENTS
* * * * *
225.401 Exceptions. (DEVIATION 2017-O0009)
(a)(2)***
(S-70) If using a procedure specified in 225.7798-3(a)(1) (DEVIATION 2017-O0009)
to acquire products or services in support of DoD activities in Djibouti, the procedures of
FAR subpart 25.4 are not applicable.
* * * * *
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Products and Services from the African Host Nation–Djibouti
SUBPART 225.5--EVALUATING FOREIGN OFFERS--SUPPLY CONTRACTS
* * * * *
225.502 Application. (DEVIATION 2017-O0009)
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(c) Use the following procedures instead of those in FAR 25.502(c) for acquisitions
subject to the Buy American statute or the Balance of Payments Program:
* * * * *
(v) If the solicitation includes the provision at 252.225-7985, Preference for
Products or Services from the African Host Nation–Djibouti (DEVIATION 2017-O0009),
use the evaluation procedures at 225.7798-5 (DEVIATION 2017-O0009).
* * * * *
SUBPART 225.75—BALANCE OF PAYMENTS PROGRAM
* * * * *
225.7501 Policy. (DEVIATION 2017-O0009)
Acquire only domestic end products for use outside the United States, and use only
domestic construction material for construction to be performed outside the United
States, including end products and construction material for foreign military sales,
unless—
(a) Before issuing the solicitation—
* * * * *
(8) Use of a procedure specified in 225.7798-3(a) (DEVIATION 2017-O0009) is
authorized for an acquisition in support of DoD activities in Djibouti.
* * * * *
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Attachment 1
DARS Tracking Number 2017-O0009
Products and Services from the African Host Nation–Djibouti
SUBPART 225.77--ACQUISITIONS IN SUPPORT OF OPERATIONS IN
AFGHANISTAN AND AFRICA (DEVIATION 2017-O0009)
* * * * *
225.7798 Enhanced authority to acquire products and services from Djibouti
in support of DoD activities in Djibouti. (DEVIATION 2017-O0009)
225.7798-1 Scope.
This subpart implements section 899A of the National Defense Authorization Act for
Fiscal Year 2017 (Pub. L. 114-328).
225.7798-2 Definitions.
As used in this subpart—
“African host nation’’ means the African nation in which there is a requirement for
supplies or services in support of DoD activities in a covered African country, and which
allows the Armed Forces and supplies of the United States to be located on, to operate
in, or to be transported through its territory.
“Covered African country’’ means a country in Africa that has signed a long-term
agreement with the United States related to the basing or operational needs of the
United States Armed Forces. Djibouti is a covered African country.
‘‘Product or service from the African host nation—Djibouti’’ means–
(1) A product from Djibouti that is wholly grown, mined, manufactured, or produced
in Djibouti; or
(2) A service, including construction, from Djibouti that is performed by a person or
entity that—
(i) Is properly licensed or registered by appropriate authorities of Djibouti; and
(ii) As determined by the Chief of Mission concerned—
(A) Is operating primarily in Djibouti; or
(B) Is making a significant contribution to the economy of Djibouti through
payment of taxes or use of products, materials, or labor that are primarily grown,
mined, manufactured, produced, or sourced from Djibouti.
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Attachment 1
DARS Tracking Number 2017-O0009
Products and Services from the African Host Nation–Djibouti
225.7798-3 Acquisition procedures.
(a) Subject to the requirements of 225.7798-4 and except as provided in
paragraph (c) of this section, a product or service to be acquired in support of DoD
activities in a covered African country—Djibouti may be obtained by–
(1) Limiting competition to products or services from the African host
nation—Djibouti; or
(2) Providing a preference for products or services from the African host
nation—Djibouti, in accordance with the evaluation procedures at 225.7798-5.
(b) For acquisitions conducted using a procedure specified in paragraph (a) of
this section—
(1) The justification and approval addressed in FAR subpart 6.3 is not
required; and
(2) The Balance of Payments Program (see 225.7501) does not apply when
use of a procedure specified in paragraph (a) of this section is authorized for an
acquisition in support of DoD activities in Djibouti.
(c) The authority under paragraph (a) of this section is not available for the
procurement of any product that is contained in the Procurement List described in 41
U.S.C. 8503(a) (see FAR subpart 8.7), if such product can be produced and delivered by
a qualified nonprofit agency for the blind or a nonprofit agency for other severely
disabled in a timely fashion to support mission requirements.
225.7798-4 Determination requirements.
Before use of a procedure specified in 225.7798-3(a), a written determination must be
prepared and executed as provided in this section.
(a) The appropriate official authorized to make the determination, as specified
in paragraph (b) of this section, shall determine in writing that—
(1) At least one of the following applies:
(i) The product or service concerned is to be used only in support of DoD
activities in Djibouti.
(ii) It is in the national security interests of the United States to limit
competition or provide a preference as described in paragraph (a) of this section because
such limitation or preference is necessary to—
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Attachment 1
DARS Tracking Number 2017-O0009
Products and Services from the African Host Nation–Djibouti
(A) Reduce overall United States transportation costs and risks in
shipping products in support of operations, exercises, theater security cooperation
activities, and other missions in the African region;
(B) Reduce delivery times in support of DoD activities in Djibouti; or
(C) Promote regional security and stability in Africa.
(iii) The product or service is of equivalent quality to a product or
service that would have otherwise been acquired without such limitation or preference;
(2) In the case of air transportation, an air carrier holding a certificate
under 49 U.S.C. 41102 is not reasonably available to provide the air transportation; and
(3) The limitation or preference will not adversely affect—
(i) United States military operations or stability operations in the
African region; or
(ii) The United States industrial base. The approving official may
contact the following officials in order to obtain factual information to meet this
statutory element of the determination:
(A) For Army: SAAL-PA, Army Industrial Base Policy,
telephone 703-695-2488.
(B) For DLA: DLA J-74, Acquisition Programs and Industrial
Capabilities Division, telephone 703-767-1427.
(C) For Navy: Ship Programs, DASN Ships, telephone 703-697-
1710.
(D) For Air Force: Air Force Research Laboratory, Materials
Manufacturing Directorate, telephone 703-588-7777.
(E) For other Defense Agencies: Personnel at defense agencies
without industrial base expertise on staff should contact the Office of the Deputy
Assistant Secretary of Defense for Manufacturing and Industrial Base Policy, telephone
703-697-0051, or email osd.mibp.inquiries@mail.mil.
(b)(1) Determinations may be made for an individual acquisition or a class of
acquisitions meeting the criteria in paragraph (a) of this subsection as follows:
(i) The contracting officer is authorized to make a determination that
applies to an individual acquisition with a value of less than $93 million.
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Attachment 1
DARS Tracking Number 2017-O0009
Products and Services from the African Host Nation–Djibouti
(ii) The head of the contracting activity, without power of re-delegation,
is authorized to make a determination that applies to an individual acquisition with a
value of $93 million or more or to a class of acquisitions.
(2) The contracting officer shall–
(i) Include the applicable written determination in the contract file; and
(ii) Ensure that each contract action taken pursuant to the authority of
a class determination is within the scope of the class determination, and document the
contract file for each action accordingly.
225.7798-5 Evaluating offers.
Evaluate offers submitted in response to solicitations that include the provision at
252.225-7985, Preference for Products or Services from the African Host Nation–
Djibouti (DEVIATION 2017-O0009) as follows:
(a) For supplies, when evaluating offers, consider the total price of the supplies,
including any transportation costs that would be incurred if shipped via the Defense
Transportation System, and compare this total price to the price of the local items plus
any transportation costs, if separately broken out by contract line item.
(b) If the solicitation specifies award on the basis of non-price factors in addition to
cost or price, apply the evaluation percentage as specified in the solicitation and use the
evaluated cost or price in determining the offer that represents the best value to the
Government.
(c) If the solicitation does not specify non-price factors in addition to cost or price,
apply the evaluation percentage as specified in the solicitation, if applicable, and then
award to the lowest evaluated offer.
225.7798-6 Solicitation provisions and contract clauses.
Use the following provisions and clauses in solicitations and contracts that meet the
specified criteria, including solicitations and contracts for the acquisition of commercial
items using FAR part 12 procedures:
(a)(1) Use the provision at 252.225-7985, Preference for Products or Services from
the African Host Nation–Djibouti (DEVIATION 2017-O0009), in solicitations that
include the clause at 252.225-7986, Requirement for Products or Services from the
African Host Nation—Djibouti (DEVIATION 2017-O0009).
(2) Insert in paragraph (d) of the provision, in accordance with the USAFRICOM
Commander’s policy and contracting activity procedures, the price evaluation factor to
be applied to offers of products or services that are not products or services from the
African host nation—Djibouti.
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Attachment 1
DARS Tracking Number 2017-O0009
Products and Services from the African Host Nation–Djibouti
(b) Use the clause at 252.225-7986, Requirement for Products or Services from the
African Host Nation–Djibouti (DEVIATION 2017-O0009), in solicitations and contracts
that provide a preference for products or services from the African host nation—Djibouti
in accordance with 225.7798-3(a)(2) (DEVIATION 2017-O0009).
(c) Use the clause at 252.225-7977, Acquisition Restricted to Products or Services
from the African Host Nation–Djibouti (DEVIATION 2017-O0009), in solicitations and
contracts that limit competition to products or services from the African host nation—
Djibouti in accordance with 225.7798-3(a)(1) (DEVIATION 2017-O0009).
(d) Except as provided in paragraph (e)(2) of this section, when the Trade
Agreements Act applies to the acquisition, use the appropriate provision and clause
as prescribed at 225.1101(5) and (6).
(e)(1) Do not use any of the following provisions or clauses in solicitations or
contracts that include the provision at 252.225-7985 (DEVIATION 2017-O0009), the
clause at 252.225-7986 (DEVIATION 2017-O0009), or the clause at 252.225-7977
(DEVIATION 2017-O0009):
(i) 252.225-7000, Buy American—Balance of Payments Program Certificate.
(ii) 252.225-7001, Buy American and Balance of Payments Program.
(iii) 252.225-7002, Qualifying Country Sources as Subcontractors.
(iv) 252.225-7035, Buy American—Free Trade Agreements—Balance of
Payments Program Certificate.
(v) 252.225-7036, Buy American—Free Trade Agreements—Balance of
Payments Program.
(vi) 252.225-7044, Balance of Payments Program—Construction Material.
(vii) 252.225-7045, Balance of Payments Program—Construction Material
Under Trade Agreements.
(2) Do not use the following provision or clause in solicitations or contracts that
include the clause at 252.225-7977 (DEVIATION 2017-O0009):
(i) 252.225-7020, Trade Agreements Certificate.
(ii) 252.225-7021, Trade Agreements.
* * * * *
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Attachment 1
DARS Tracking Number 2017-O0009
Products and Services from the African Host Nation–Djibouti
PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
* * * * *
252.225-7985 Preference for Products or Services from the African Host
Nation–Djibouti. (DEVIATION 2017-O0009)
As prescribed in 225.7798-6(a), use the following provision:
PREFERENCE FOR PRODUCTS OR SERVICES FROM THE AFRICAN HOST
NATION–DJIBOUTI (SEP 2017) (DEVIATION 2017-O0009)
(a) Definitions. “African host nation” and “products or services from the African
host nation—Djibouti,” as used in this provision, are defined in the clause of this
solicitation entitled “Requirement for Products or Services from the African Host
Nation—Djibouti” (252.225-7986) (DEVIATION 2017-O0009).
(b) Representation. By submission of its offer, the Offeror represents that all
products or services to be delivered under a contract resulting from this solicitation are
products or services from the African host nation—Djibouti, unless, in its offer, the
Offeror specifies that it will provide products or services other than products or services
from the African host nation—Djibouti.
(c) Other products or services. Offerors that include products or services in their
offer that are not products or services from the African host nation—Djibouti shall
identify in the offer the solicitation line item number and the country of origin for the
product or service that is not a product or service from the African host nation—
Djibouti, unless the product is listed in paragraph (c)(2) of the provision entitled “Trade
Agreements Certificate,” if included in this solicitation.
(d) Evaluation. For the purpose of evaluating competitive offers, the Contracting
Officer will increase by [Contracting Officer to specify percent in accordance with the
USAFRICOM Commander’s policy and contracting activity procedures_______] percent
the prices of offers of products or services that are not products or services from the
African host nation—Djibouti.
(End of provision)
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Attachment 1
DARS Tracking Number 2017-O0009
Products and Services from the African Host Nation–Djibouti
252.225-7986 Requirement for Products or Services from the African Host
Nation–Djibouti. (DEVIATION 2017-O0009)
As prescribed in 225.7798-6(b), use the following clause:
REQUIREMENT FOR PRODUCTS OR SERVICES FROM THE AFRICAN HOST
NATION–DJIBOUTI (SEP 2017) (DEVIATION 2017-O0009)
(a) Definitions. As used in this clause–
“African host nation’’ means the African nation in which there is a requirement for
supplies or services in support of DoD activities in a covered African country, and which
allows the Armed Forces and supplies of the United States to be located on, to operate
in, or to be transported through its territory.
“Covered African country’’ means a country in Africa that has signed a long-term
agreement with the United States related to the basing or operational needs of the
United States Armed Forces. Djibouti is a covered African country.
‘‘Product or service from the African host nation—Djibouti’’ means–
(1) A product from Djibouti that is wholly grown, mined, manufactured, or
produced in Djibouti; or
(2) A service, including construction, from Djibouti that is performed by a
person or entity that—
(i) Is properly licensed or registered by appropriate authorities of Djibouti;
and
(ii) As determined by the Chief of Mission concerned—
(A) Is operating primarily in Djibouti; or
(B) Is making a significant contribution to the economy of Djibouti
through payment of taxes or use of products, materials, or labor that are primarily
grown, mined, manufactured, produced, or sourced from Djibouti.
(b)(1) The Contractor shall provide only products or services from the African host
nation—Djibouti, unless, in its offer, it specified that it would provide products or
services other than products or services from the African host nation—Djibouti.
(2) For construction contracts, the Contractor is encouraged, but not required,
to use construction material from the African host nation—Djibouti).
(End of clause)
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Attachment 1
DARS Tracking Number 2017-O0009
Products and Services from the African Host Nation–Djibouti
252.225-7977 Acquisition Restricted to Products or Services from the African
Host Nation–Djibouti. (DEVIATION 2017-O0009)
As prescribed in 225.7798-6(c), use the following clause:
ACQUISITION RESTRICTED TO PRODUCTS OR SERVICES FROM THE AFRICAN
HOST NATION–DJIBOUTI (SEP 2017) (DEVIATION 2017-O0009)
(a) Definition. As used in this clause—
“African host nation’’ means the African nation in which there is a requirement for
supplies or services in support of DoD activities in a covered African country, and which
allows the Armed Forces and supplies of the United States to be located on, to operate
in, or to be transported through its territory.
‘‘Product or service from the African host nation—Djibouti’’ means–
(1) A product from Djibouti that is wholly grown, mined, manufactured, or
produced in Djibouti; or
(2) A service, including construction, from Djibouti that is performed by a
person or entity that—
(i) Is properly licensed or registered by appropriate authorities of Djibouti;
and
(ii) As determined by the Chief of Mission concerned—
(A) Is operating primarily in Djibouti; or
(B) Is making a significant contribution to the economy of Djibouiti
through payment of taxes or use of products, materials, or labor that are primarily
grown, mined, manufactured, produced, or sourced from Djibouti.
(b)(1) The Contractor shall provide only products or services from the African host
nation—Djibouti.
(2) For construction contracts, the Contractor is encouraged, but not required,
to use construction material from the African host nation—Djibouti.
(End of clause)
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Attachment 2
DARS Tracking Number 2017-O0009
Products and Services From the African Host Nation–Djibouti
DEPARTMENT OR AGENCY
Authority to Acquire Products or Services from the African Host Nation–
Djibouti
Individual Determination and Findings
Upon the basis of the following findings and determination, which I hereby make in
accordance with the provisions of DFARS 225.7798-4 (DEVIATION 2017-O0009),
the acquisition of products or services from the African host nation—Djibouti) may
be made as follows:
1. The [contracting office] proposes to award under solicitation/contract number
[provide solicitation/contract number], [describe the types of products or
services]. The total estimated cost of this acquisition is [provide total estimated
value].
2. The product or service is to be used in support of the following DoD activity(ies)
in Djibouti: [Describe the DoD activities being supported]. The products or
services to be acquired under this solicitation/contract are to be used by [describe
the entity(ies) intended to use the products or services].
3. The contracting officer recommends conducting the acquisition using the
following procedure, which, given this determination, is authorized by section 899A
of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328):
[Select one of the following:]
[ ] Limit competition to products or services from the African host nation—
Djibouti; or
[ ] Provide a preference for products or services from the African host
nation—Djibouti.
4. To implement the recommended procedure, the solicitation will contain [title and
number of the applicable provision and/or clause prescribed at DFARS
225.7798-6 (DEVIATION 2017-O0009)].
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Attachment 2
DARS Tracking Number 2017-O0009
Products and Services From the African Host Nation–Djibouti
5. The limitation or preference under paragraph 3 above will not adversely affect
United States military operations or stability operations in Africa or the United
States industrial base. [If this acquisition involves air transportation,
include the following:] An air carrier holding a certificate under 49 U.S.C. 41102
is not reasonably available to provide the air transportation. [For this
paragraph, also select at least one of the following:]
The product or service to be acquired is to be used or performed only in support of the
covered activities.
OR
Use of this procedure to limit competition to, or provide a preference for, products or
services from the African host nation–Djibouti is—
Vital to the national security interests of the United States, because use of the
procedure [Select at least one of the following:]
(a) Reduces overall United States transportation costs and/or risks in shipping
products in support of operations, exercises, theater security cooperate activities and
other missions in the African region;
(b) Reduces delivery times in support of covered activities; or
(c) Promotes regional security and stability in Africa.
OR
The product or service to be acquired is of equivalent quality of a product or service that
would have otherwise been acquired. [Provide a description of market research.]
6. Acquisitions conducted using the procedures specified in DFARS 225.7798-3(a)
(DEVIATION 2017-O0009) (see paragraph 3 above) are authorized to use other than
full and open competition procedures and do not require the justification and approval
addressed in FAR subpart 6.3. [Include a description of efforts made to ensure
offers are solicited from as many potential sources as is practicable.]
7. [Identify whether a notice was or will be publicized as required by FAR
subpart 5.2 and, if not, which exception in FAR 5.202 applies.]
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Attachment 2
DARS Tracking Number 2017-O0009
Products and Services From the African Host Nation–Djibouti
DETERMINATION
In accordance with the authorization outlined in DFARS 225.7798-3 (DEVIATION
2017-O0009) and under the authority of section 899A of the National Defense
Authorization Act for Fiscal Year 2017, I have hereby determined that limiting
competition to, or providing procurement preference for, goods or services from the
African host nation—Djibouti is necessary to support the USAFRICOM mission in the
region and is in the best interest of the United States.
___________________________________ Date: _____________
CONTRACTING OFFICER (Individual acquisitions valued at less than $93M)
Name: ________________________
Office Symbol: _________________
___________________________________ Date: _____________
HEAD OF CONTRACTING ACTIVITY (Individual acquisitions valued at $93M or
more)
Name: __________________________
Contracting Activity: _____________
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Attachment 3
DARS Tracking Number 2017-O0009
Products and Services From the African Host Nation–Djibouti
DEPARTMENT OR AGENCY
Authority to Acquire Products or Services from the African Host Nation—
Djibouti
Class Determination and Findings
Upon the basis of the following findings and determination, which I hereby make in
accordance with the provisions of DFARS 225.7798-4 (DEVIATION 2017-O0009),
the acquisition of products or services from the African host nation (Djibouti) may
be made as follows:
1. The [contracting office] proposes to award under solicitation/contract number
[provide solicitation/contract number], [describe the types of products or
services]. The total estimated cost of this acquisition is [provide total estimated
value].
2. The product or service is to be used in support of the following DoD activity(ies)
in Djibouti: [Describe the DoD activities being supported]. The products or
services to be acquired under this solicitation/contract are to be used by [describe
the entity(ies) intended to use the products or services].
3. The contracting officer recommends conducting the acquisition using the
following procedure, which, given this determination, is authorized by section 899A
of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328):
[Select one of the following:]
[ ] Limit competition to products or services from the African host nation
(Djibouti); or
[ ] Provide a preference for products or services from the African host
nation country (Djibouti).
4. To implement the recommended procedure, the solicitation will contain [title and
number of the applicable provision and/or clause prescribed at DFARS
225.7798-6 (DEVIATION 2017-O0009)].
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Attachment 3
DARS Tracking Number 2017-O0009
Products and Services From the African Host Nation–Djibouti
5. The limitation or preference under paragraph 3 above will not adversely affect
United States military operations or stability operations in Africa or the United
States industrial base. [If this acquisition involves air transportation,
include the following:] An air carrier holding a certificate under 49 U.S.C. 41102
is not reasonably available to provide the air transportation. [For this
paragraph, select at least one of the following:]
The product or service to be acquired is to be used or performed only in support of the
covered activities.
OR
Use of this procedure to limit competition to, or provide a preference for, products or
services from the African host nation—Djbouti is—
Vital to the national security interests of the United States, because use of the
procedure [Select at least one of the following:]
(a) Reduces overall United States transportation costs and/or risks in shipping
products in support of operations, exercises, theater security cooperate activities and
other missions in the African region; or
(b) Reduces delivery times in support of covered activities; or
(c) Promotes regional security and stability in Africa.
OR
The product or service to be acquired is of equivalent quality of a product or service that
would have otherwise been acquired. [Provide a description of market research.]
6. Acquisitions conducted using the procedures specified in DFARS 225.7798-3(a)
(DEVIATION 2017-O0009) (see paragraph 3 above) are authorized to use other than
full and open competition procedures and do not require the justification and approval
addressed in FAR subpart 6.3. [Include a description of efforts made to ensure
offers are solicited from as many potential sources as is practicable.]
7. [Identify whether a notice was or will be publicized as required by FAR
subpart 5.2 and, if not, which exception in FAR 5.202 applies.]
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Attachment 3
DARS Tracking Number 2017-O0009
Products and Services From the African Host Nation–Djibouti
DETERMINATION
In accordance with the authorization outlined in DFARS 225.7798-3 (DEVIATION
2017-O0009) and under the authority of section 899A of the National Defense
Authorization Act for Fiscal Year 2017, I have hereby determined that limiting
competition to, or providing procurement preference for, goods or services of an African
host nation is necessary to support the USAFRICOM mission in the region and is in the
best interest of the United States.
______________________________________ Date: _____________
HEAD OF CONTRACTING ACTIVITY
Name: __________________________
Contracting Activity: _____________
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