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   <concept id="DFARS_225.7705-2"
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      <title class="- topic/title ">
         <ph props="autonumber" class="- topic/ph ">225.7705-2</ph> Waiver of prohibition.</title>
      <conbody class="- topic/body  concept/conbody ">
         <p outputclass="List1" class="- topic/p ">(a) The prohibition in 
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             may be waived upon issuance of a determination, approved in accordance with paragraph (b) of this section, that—</p>
         <p outputclass="List2" class="- topic/p ">(1)  The program or project clearly contributes to United States national interests or strategic objectives; </p>
         <p outputclass="List2" class="- topic/p ">(2)  The Government of Afghanistan has requested or expressed a need for the program or project;</p>
         <p outputclass="List2" class="- topic/p ">(3)  The program or project has been coordinated with the Government of Afghanistan, and with any other implementing agencies or international donors;</p>
         <p outputclass="List2" class="- topic/p ">(4)  Security conditions permit effective implementation and oversight of the program or project;</p>
         <p outputclass="List2" class="- topic/p ">(5)  Safeguards to detect, deter, and mitigate corruption and waste, fraud, and abuse of funds are in place;</p>
         <p outputclass="List2" class="- topic/p ">(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</p>
         <p outputclass="List2" class="- topic/p ">(7)  Meaningful metrics have been established to measure the progress and effectiveness of the program or project in meeting its objectives.</p>
         <p outputclass="List1" class="- topic/p ">(b)  The following officials are authorized to approve the determination described in paragraph (a) of this section:</p>
         <p outputclass="List2" class="- topic/p ">(1)  In the case of a program or project with an estimated lifecycle cost of less than $1 million, by the contracting officer.</p>
         <p outputclass="List2" class="- topic/p ">(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. </p>
         <p outputclass="List2" class="- topic/p ">(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.</p>
         <p outputclass="List2" class="- topic/p ">(4)  In the case of a program or project with an estimated lifecycle cost of $40 million or more, by the Secretary of Defense.  </p>
         <p outputclass="List1" class="- topic/p ">(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.</p>
      </conbody>
   </concept>
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