MP5325 Foreign Acquisitions

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Mandatory Procedure

MP5325
Foreign Acquisitions

[Revised November 7, 2012]

MP5325.103 Exceptions to Buy American – Supplies

(a) When a determination of nonavailability is required by FAR 25.103 and DFARS 225.103(b)(i), the contracting officer should prepare a request for nonavailability determination, substantially in the form described in this section and process for approval in accordance with DFARS 225.103(b)(ii). For acquisitions at or above $1.5M, see the HCA Reference Matrix at AFFARS 5301.601(a)(i)(A)(1). Each request should identify the proposed acquisition by applicable purchase request or contract number and include:

(1) A description of the articles intended to be acquired, manufacturer's name and address, model number, and specific information pertaining to special features, performance, versatility, etc.;

(2) A statement of the efforts made to secure either the article required or suitable substitutes from domestic sources. List all domestic sources contacted or provide reasons why domestic sources were not contacted. Additionally, list reasons, if known, why domestic sources contacted could not or would not furnish required articles or suitable substitutes;

(3) The name and address of the proposed source (if other than the manufacturer, state reason(s) why direct purchase or purchase through an overseas contract activity is not feasible);

(4) The reason why purchase of foreign material or from a foreign source is necessary. Identify and explain the specific portion of the mission or requirement, which is of such magnitude as to override consideration to procure a domestic source end product;

(5) A description of the end use of item to be purchased and a brief description of the special function to be accomplished, such as performance of special tests or research work;

(6) The identity of the purchaser;

(7) The citation of the applicable appropriation;

(8) When the proposed purchaser of the articles intended to be acquired is not a Government agency but is an Air Force contractor, provide the contract number, the contract type, and indicate what the disposition of the articles will be at contract completion.;

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 Statute (41 U.S.C. 8301-8305) 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].”

(b) In the case of inter-command acquisitions, compliance with the Buy American Statute 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.

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

(1) In Japan (excluding Okinawa):

(2) In Okinawa:

(3) In Europe:

(d) 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:

(1) A purchase request with description of the requirement including definitive specifications free of any defects that would otherwise preclude immediate contracting action;

(2) Instructions for packaging, packing, and preservation, and special instructions dictated by the nature of the commodity to be purchased, if necessary;

(3) An executed Buy American Statute Determination (DFARS 225.103(b)(i)) if the item is not exempted;

(4) A specification or purchase description suitable for obtaining full and open competition, or necessary information, certified as complete and accurate in accordance with FAR 6.303 to support any recommendation for use of other than full and open competition;

(7) Transportation, routing, or shipping instructions. If the foreign contractor will be required to ship requirements to multiple CONUS-based consignees, detailed shipping instructions concerning each consignee will be provided to the overseas procuring activity; and
(8) Any special distribution requirements for the contractual documents required beyond the normal distribution.
(e) 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.

MP5325.1001 Waiver of Right to Examination of Records

Conditions for use of FAR 52.215-2, Alternate III. Submit requests for agency head determinations in accordance with FAR 25.1001(a)(2)(iii), following the format at FAR 25.1001(b), through command contracting channels to SAF/AQC, safaqc.workflow@pentagon.af.mil.

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