AFFARS MP5325

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Mandatory Procedure

MP5325
Foreign Acquisitions

January 2004

MP5325.103 Exceptions to Buy American Act – Supplies

(a) When a determination of nonavailability is required by FAR 25.103 and DFARS 225.103(b)(ii)(C), the contracting officer should prepare a request for nonavailability determination, substantially in the form described in paragraph (b) of this section, and submit through the MAJCOM to SAF/AQC. Each request should identify the proposed acquisition by applicable purchase request or contract number and include:

(b) A sample format for a Nonavailability Determination is provided below:

DETERMINATION and FINDING
of
NONAVAILABILITY

The United States Air Force proposes under purchase request number [insert purchase number, see note (1)] to acquire for public use, at an estimated cost of $[insert dollar amount] for [describe supplies], manufactured by [insert manufacturer's name, see note (2)] in [insert city and country of origin, see note (3)] from [identify the proposed offer; see note (3)].

The above described supplies are not [mined, produced, or manufactured, as the case may be] in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

It is determined that the provisions of the Buy American Act (41 U.S.C. l0a-d) are inapplicable to the articles enumerated above or the purchase thereof and that the same may be purchased without regard to said Act.

This Determination is made pursuant to the authority vested in the undersigned by Federal Acquisition Regulation (FAR) 25.103(b) and does not constitute justification for not using full and open competition. When it is necessary to make such a justification, the procedures of FAR 6.303 apply.

Signature of Approving Authority

NOTES:

(1) Insert purchase request number, if any. If there is no purchase request, omit “under purchase request number.”

(2) Insert manufacturer's name, city, and country of origin. When the manufacturer is also the vendor, omit the remainder of the sentence starting with “from.”

(3) The first paragraph of the above format is designed for the case when the purchase is to be made by the Air Force directly. If the purchase is to be made by an Air Force contractor, the word “from” will be omitted and the following will be inserted: “through [insert name of contractor] as Air Force contractor under contract number [insert contract number] from [identify the proposed source].”

(c) In the case of inter-command acquisitions, compliance with the Buy American Act and Balance of Payments evaluation procedures (DFARS 225.5) is the responsibility of the contracting command, except when the requiring command specifies a foreign end product, in which case, the determination is the responsibility of the requiring command.

(d) When overseas contracting support is needed, CONUS contracting activities should contact the following:

(1) In Japan (excluding Okinawa):

(2) In Okinawa:

(3) In Europe:

(e) CONUS contracting activities requesting contracting support should provide, as a minimum, the information specified below to the appropriate overseas contracting activity. Contracting activities will treat all requests for contracting support on a priority basis. The requesting activity will provide:

(f) Overseas contracting activities providing courtesy contracting support to CONUS-based requiring activities will, after determining all submitted documentation to be adequate, proceed with the acquisition using the certificate of conformance when appropriate. The AFO supporting the overseas contracting activity should make payments on all transactions. The CONUS requiring base should respond expeditiously to any requests of the overseas contracting activity.

MP5325.870 Contracting with Canadian contractors.

(a) The Canadian Government has requested that all research contracts contemplated with educational institutions of Canada be cleared through a central point to prevent United States agencies from duplicating support of research projects already supported by Canadian Government agencies. Accordingly, the following procedure should govern the placement of research contracts with Canadian educational institutions.

(b) Unclassified request for proposals should be forwarded directly to the institution, provided two copies are forwarded concurrently to the Counselor, Defense Research and Development (DRD), Canadian Embassy, 501 Pennsylvania Avenue, Washington, DC 20001. Unless the DRD advises that the proposed institution is not in a position to undertake the research, contracting action will proceed in a normal manner.

(c) Unsolicited research proposals received from Canadian institutions involving basic research, exploratory development, advance engineering, or advance development will be forwarded to the Directorate of Science and Technology Contracts, HQ AFMC/PKT (AFRL/PK), 1864 4th Street, Room 225, Wright-Patterson AFB, OH 45433-7132, (937) 255-5666 or DSN 785-5666.

(d) Unclassified research contracts awarded to Canadian educational institutions should be forwarded directly to the institution, provided a copy is forwarded concurrently to the address in

(c) above and to the Chairman, Defense Research Board, National Defense Headquarters, Ottawa, Ontario, Canada K1A 0K2. Unless the institution is advised to the contrary by the DRD, the contract should be executed. Subsequent to the execution for the U.S. Government, the contracting officer should notify the DRD, Washington, DC of the date of award.

MP5325.1001 Waiver of Right to Examination of Records

(a) Conditions for use of FAR 52.215-2, Alternate III. Submit requests for agency head determinations per FAR 25.1001, with supporting rationale, through command contracting channels to SAF/AQCP.

MP5325.7002-2 Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.

Prepare a Determination and Finding (D&F) to support a case where an article or suitable substitute is not available from a domestic source. The following sample D&F format should be used for submittal in accordance with AFFARS 5325.7002-2:

DETERMINATION and FINDING
of
DOMESTIC NONAVAILABILITY

Pursuant to the authority contained in Section 9005 of Public Law 102-396, as amended, 10 U.S.C. 2241 (the “Berry Amendment”) and Defense Federal Acquisition Regulation Supplement (DFARS) 225.7002-2, I hereby make the following determination and findings concerning [insert agency], [insert contracting activity].

Findings:

I determine that a satisfactory quality and sufficient quantity of the above [specify item(s)] that complies with the Berry Amendment cannot be acquired nor produced [with domestic specialty metals -- see note] as and when needed at United States market prices. This determination is made in accordance with DFARS 225.7002-2(b) and 10 U.S.C. 2533a(c). Based on this determination, an exception applies to the requirements of the Berry Amendment to procurement of these items.

Note: Omit "with domestic specialty metals" if item(s) is/are not made of specialty metal(s).

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