---
kind: "section"
citation: "48 C.F.R. § 225.7705-2"
title: "48"
number: "225.7705-2"
heading: "Waiver of prohibition."
url: "https://uscodex.org/cfr/48/225.7705-2"
---

# §225.7705-2. Waiver of prohibition.

- (a) The prohibition in 225.7705-1 may be waived upon issuance of a determination, approved in accordance with [paragraph (b)](#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)](#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)](#b-4) of this section.

## Notes

### Source

Source: 73 FR 53153, Sept. 15, 2008, unless otherwise noted.

### Source

Source: 83 FR 16004, Apr. 13, 2018, unless otherwise noted.

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36367, July 31, 1991, unless otherwise noted.