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NMCARS PART 5225 FOREIGN ACQUISITION



PART 5225 FOREIGN ACQUISITION

SUBPART 5225.2--BUY AMERICAN ACT--CONSTRUCTION MATERIALS

5225.202 (DFARS 225.202) Exceptions.

(a)(1) Impracticable or inconsistent with the public interest. The Commander, NAVFACENGCOM is delegated authority to make this determination.

SUBPART 5225.8--OTHER INTERNATIONAL AGREEMENTS AND COORDINATION

5225.802 Procedures.

5225.802-71 (DFARS 225.802-71) End Use Certificates .

ASN(RDA) may authorize the execution of Category I and II End Use Certificates (EUCs). Category III EUCs require a waiver by the USD(AT&L). All requests for EUCs shall be forwarded via the Navy International Programs Office for review to determine the proper category and to recommend approval.

SUBPART 5225.70—AUTHORIZATION ACTS, APPROPRIATION ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN ACQUISITION

5225.7090 Restriction on certain components for naval vessels.

(a) Restriction. In accordance with 10 U.S.C. 2534(a), do not purchase the following components of naval vessels, to the extent that they are unique to marine applications, unless manufactured in the United States or Canada:

(b) Exceptions. This restriction does not apply to –

(1) contracts or subcontracts that do not exceed the simplified acquisition threshold, or

(2) acquisition of spare or rep[air parts needed to support components for naval vessels produced or manufactured outside the United States.

(c) Implementation. (1) 10 U.S.C. 2534(h) prohibits the use of a contract clause or certification to implement this restriction.

(2) Implementation of this restriction shall be accomplished through management and oversight techniques that achieve the objective of this restriction without imposing a significant management burden on the Government or Contractor.

(d) Waiver. In accordance with the provisions of DFARS 225.7003(a)(1)(i) through (iii), the Under Secretary of Defense (Acquisition, Technology, and Logistics) has executed an annual waiver of the restrictions of 10 U.S.C. 2534 for certain items manufactured in the United Kingdom, including the items listed in paragraph (a) above. This waiver applies to –

(1) Procurements under solicitations issued on or after August 4, 1998; and

(2) Subcontracts and options under contracts entered into prior to August 4, 1998, under the conditions described in DFARS 225.7003(a)(1)(iv).

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