25.703-4  Waiver.

6.  Add section 25.703-4 to read as follows:

25.703-4  Waiver.

(a)  An agency or contractor seeking a waiver of these requirements, consistent with section 6(b)(5) of the Iran Sanctions Act or section 401(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Pub. L. 111-195), and the Presidential Memorandum of September 23, 2010 (75 FR 67025), shall submit the request to the Office of Federal Procurement Policy, allowing sufficient time for review and approval.

(b)  Agencies may request a waiver on an individual or class basis; however, waivers are not indefinite and can be cancelled, if warranted.

(1)  A class waiver may be requested only when the class of supplies or equipment is not available from any other source and it is in the national interest.

(2)  Prior to submitting the waiver request, the request must be reviewed and cleared by the agency head.

(c)  In general, all waiver requests should include the following information:

(1)  Agency name, complete mailing address, and point of contact name, telephone number, and email address.

(2)  Offeror's name, complete mailing address, and point of contact name, telephone number, and email address.

(3)  Description/nature of product or service.

(4)  The total cost and length of the contract.

(5)  Justification, with market research demonstrating that no other offeror can provide the product or service and stating why the product or service must be procured from this offeror, as well as why it is in the national interest for the President to waive the prohibition on contracting with this offeror that--

(i)  Conducts activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; or

(ii)  Exports sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran.

(6)  Documentation regarding the offeror's past performance and integrity (see the Past Performance Information Retrieval System and the Federal Awardee Performance Information and Integrity System at http://www.ppirs.gov, and any other relevant information).

(7)  Information regarding the offeror's relationship or connection with other firms that--

(i)  Conduct activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; or

(ii)  Export sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran.

(8)  Describe--

(i)  The activities in which the offeror is engaged for which sanctions may be imposed under section 5 of the Iran Sanctions Act; or

(ii)  The sensitive technology and the entity or individual to which it was exported (i.e., the government of Iran or an entity or individual owned or controlled by, or acting on behalf or at the direction of, the government of Iran).