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(Added October 1, 2023)


 223.7400 Scope of subpart.
 223.7401 Definition.
 223.7402 Prohibition.
 223.7403 Procedures.
 223.7404 Contract clause.

223.7400  Scope of subpart.

This subpart implements section 322(b), (c), and (d) of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92).


223.7401  Definition.

As used in this subpart—


      “Ocean-going vessel” means a vessel over 59 feet in length owned or operated by DoD or the U.S. Coast Guard, other than vessels that are chartered by the Armed Forces on a time or voyage basis.


223.7402  Prohibition.

After October 1, 2023, do not procure aqueous film-forming foam, which is used for fighting fires, that contains in excess of one part per billion perfluoroalkyl substances or polyfluoroalkyl substances. Procurements of fire-fighting agent for use solely onboard ocean-going vessels are exempt from this prohibition.


223.7403  Procedures.

After October 1, 2023, contracting officers shall only issue a solicitation to procure fire-fighting agent in accordance with performance specification MIL-PRF-24385F(SH), unless the requiring activity provides documentation of the exemption at 223.7402. The contracting officer shall maintain the documentation in the contract file.


223.7404  Contract clause.

Use the clause at 252.223-7009, Prohibition of Procurement of Fluorinated Aqueous Film-Forming Foam Fire-Fighting Agent for Use on Military Installations, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, relating to fire-fighting on military installations.


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