FAR 9.109-3—Exception.
Plain-English Summary
FAR 9.109-3 creates a narrow exception to the general prohibition in FAR 9.109-2. It addresses contracts for the procurement of products or services along a major route of supply to a zone of active combat or a major contingency operation, and it ties that exception to either a statute or a determination by the cognizant Combatant Commander, made in consultation with the Chief of Mission. The section also identifies, as of May 10, 2018, the countries recognized as along the major route of supply supporting operations in Afghanistan: Afghanistan, Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, and Turkmenistan. In practice, this provision matters because it tells contracting personnel when the otherwise applicable prohibition does not apply, allowing procurement actions to proceed in certain operationally sensitive locations. It is important for acquisition planning, source selection, and compliance screening because the exception is location- and mission-specific, not a blanket waiver. Users should read this section together with FAR 9.109-2 and any applicable statute, Combatant Commander guidance, and mission-specific country determinations.
Key Rules
Exception to the prohibition
The rule in FAR 9.109-2 does not apply when the contract is for products or services procured along a major route of supply to a zone of active combat or major contingency operation. This means the underlying prohibition is not absolute and can be set aside for qualifying operational support contracts.
Must fit a qualifying route
The contract must be tied to a major route of supply, not merely any overseas or regional procurement. The exception is limited to support connected to movement of goods or services into the combat or contingency area.
Authority comes from statute or command determination
The applicable route or country coverage must be specified in statute or identified by the cognizant Combatant Commander, in consultation with the Chief of Mission. Agencies should not assume the exception applies without checking the governing authority.
Applies to active combat or contingency operations
The exception is limited to zones of active combat or major contingency operations. If the procurement does not support one of those operational contexts, the exception does not apply.
Country list for Afghanistan support
As of May 10, 2018, the regulation lists specific countries along the major route of supply supporting operations in Afghanistan. That list is operationally significant because it identifies where the exception was recognized at that time.
List may change over time
The country list is dated and should be treated as a snapshot, not a permanent universal rule. Contracting personnel must verify whether later statutory changes, command guidance, or updated policy affect the applicable countries or routes.
Responsibilities
Contracting Officer
Determine whether the procurement falls within the exception by confirming that it supports a major route of supply to a qualifying combat or contingency zone and that the route or country is covered by statute or Combatant Commander determination. The contracting officer should document the basis for applying the exception and ensure the action is consistent with current guidance.
Agency
Maintain awareness of applicable statutory authorities, Combatant Commander determinations, and mission-specific country or route designations. The agency should ensure acquisition personnel use current operational guidance rather than relying only on the dated country list in the regulation.
Combatant Commander
When authorized, identify the major route of supply for the relevant zone of active combat or major contingency operation. The commander must do so in consultation with the Chief of Mission, providing the operational determination that supports use of the exception.
Chief of Mission
Consult with the cognizant Combatant Commander on route determinations affecting the exception. This consultation helps ensure the operational designation is coordinated with U.S. diplomatic and country-level considerations.
Contractor
Understand whether the solicitation or contract is being treated as falling within this exception and comply with any location-specific or mission-specific requirements that flow from that determination. Contractors should not assume the exception applies unless the government has clearly established it.
Practical Implications
This section is mainly a compliance checkpoint: before relying on the exception, contracting staff must verify the mission, route, and authority supporting it.
A common pitfall is treating the Afghanistan country list as a general rule for all operations; it is specific to support for Afghanistan and dated to May 10, 2018.
Another risk is failing to confirm that the procurement is actually along a major route of supply, rather than simply occurring in a nearby country or region.
Because the exception depends on statute or Combatant Commander action, documentation matters; file support should show why the exception was applied.
Contractors working in affected regions should watch for special sourcing, security, or performance conditions that may accompany these mission-driven procurements.
Official Regulatory Text
The prohibition in 9.109-2 does not apply to contracts for the procurement of products or services along a major route of supply to a zone of active combat or major contingency operation, as specified in statute or by the cognizant Combatant Commander, in consultation with the Chief of Mission. As of May 10, 2018, countries along the major route of supply to support operations in Afghanistan are Afghanistan, Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, and Turkmenistan.