DFARS Clause Blocks Funding for Unsafe Projects in Afghanistan

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While the concept of an “unsafe” project in Afghanistan may sound redundant to many contractors, there are “unsafe” projects and then there are projects that are so “unsafe” that even the Government’s own representatives cannot travel to or otherwise effectively oversee them. To address this situation, a final Defense Federal Acquisition Regulation Supplement (DFARS) rule, codified at 48 C.F.R. 225.7705 and effective April 13, 2018, prohibits contracting officers from obligating or expending funds for construction or infrastructure projects in Afghanistan if military or civilian personnel, or their representatives, cannot safely access the program or project.
By: Pillsbury Winthrop Shaw Pittman LLP

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