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NMCARS PART 5225 FOREIGN ACQUISITION



PART 5225 FOREIGN ACQUISITION

SUBPART 5225.1—BUY AMERICAN ACT--SUPPLIES

5225.103 (DFARS 225.103) Exceptions.

(a) Public interest.

(ii)(B)(3) Submit requests for an agency head determination for a public interest exception to DASN(A&LM).

(b) Nonavailability.

(2)(ii) Submit copies of determinations made under FAR 25.103(b)(2) to the DAR Council via DASN(A&LM).

5225.104 (DFARS 225.104) Nonavailable articles.

(b) Submit supporting documentation to the DAR Council via DASN(A&LM).

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 5225.4—TRADE AGREEMENTS

5225.401 (DFARS 225.401) Exceptions.

(a)(2) Submit requests to USD(AT&L)DPAP through DASN(A&LM) in the form of a determination and findings.

5225.403 (DFARS 225.403) Trade Agreements Act.

(c)(ii) Submit requests for national interest waivers to the USD(AT&L)DPAP through DASN(A&LM) in the form of a determination and findings.

SUBPART 5225.8—OTHER INTERNATIONAL AGREEMENTS AND COORDINATION

5225.802 Procedures.

5225.802-90 Procedures for acquisitions that can be satisfied only by sources outside the United States.

(a) Naval activities having requirements that can be satisfied only by European sources should forward their requisitions to Fleet and Industrial Supply Center (FISC) Sigonella for procurements in Southern Europe, the Mediterranean, and Africa; to FISC Sigonella Detachment Bahrain for procurements in the Middle East; or FISC Sigonella Detachment London for procurements in Northern Europe, including the United Kingdom and Iceland. Naval activities having requirements that can be satisfied only by Asian sources should forward their requirements to FISC Yokosuka for procurements in Japan or Korea; or FISC Yokosuka Detachment Singapore for procurements in Asia/Pacific other than Japan or Korea. This does not relieve activities from complying with

current Balance of Payments directives.

(b) Exceptions. The following are exceptions to paragraph (1) above:

(i) Contracts for complete vessels or aircraft.

(ii) Contracts for equipment requiring servicing by representatives of foreign companies.

(iii) Contracts within an activity's authorized purchase authority when material is readily available overseas (outside CONUS).

(iv) Other specific exceptions as may be granted by NAVSUPSYSCOM.

(3) Contracting Officers utilizing any of the above exceptions, prior to negotiating with an overseas supplier, should contact the applicable FISC for assistance and support.

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.

5225.871 North Atlantic Treaty Organization (NATO) cooperative projects.

5225.871-4 (DFARS 225.871-4) Statutory waivers.

(c) Submit waiver requests through DASN(A&LM).

5225.871-7 (DFARS 225.871-7) Congressional notification.

(a)(1) Submit proposed Congressional notices through DASN(A&LM).

5225.872 Contracting with qualifying country sources.

5225.872-3 (DFARS 225.872-3) Solicitation procedures.

(e)(4) Submit requests for concurrence through DASN(A&LM).

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

5225.7002 Restrictions on food, clothing, fabrics, and hand or measuring tools.

5225.7002-2 (DFARS 225.7002-2) Exceptions.

(b)(1)(iii) Submit domestic non-availability determinations for approval by the Secretary of the Navy through DASN(A&LM) using the format in Annex 3 via electronic mail address RDAJ&As@navy.mil. Include in subject line “DNAD pursuant to DFARS 225.7002-2.”

5225.7003 (DFARS 225.7003) Restrictions on acquisitions of specialty metals.

5225.7003-3 (DFARS 225-7003-3) Exceptions

(b)(2)(ii) Submit the required annual report on exceptions used in the previous fiscal year for the acquisition of COTS end items valued at $5M or more per item via DASN(A&LM) email address RDAJ&As@navy.mil not later than October 15. See PGI 225.7003-3.

(b)(5) Submit required domestic non-availability determinations (DNADs) for approval by the Under Secretary of Defense (Acquisition, Technology, and Logistics) or the Secretary of the Navy (SECNAV) through DASN(A&LM) using the format in Annex 3, DOMESTIC NONAVAILABILITY DETERMINATION, via email address RDAJ&As@navy.mil. Include in subject line: “DNAD Pursuant to DFARS 225.7003-3 for approval by (i.e. USD(AT&L) or SECNAV).”

(c)(2) and (d) Submit required determinations for approval by the Under Secretary of Defense (Acquisition, Technology and Logistics) or SECNAV through DASN(A&LM), using the format in Annex 3, DOMESTIC NON-AVAILABILITY DETERMINATION, via email address RDAJ&As@navy.mil. Include in subject line: “Determination Pursuant to DFARS 225.7003-3 for approval by (i.e. USD(AT&L) or SECNAV).”

5225.7003-4 (DFARS 225-7003-4) One-time waiver.

(d) Submit the required determinations for approval by the Under Secretary of Defense (USD) for Acquisition Technology and Logistics (AT&L) or ASN(RD&A) through DASN(A&LM) via email address RDAJ&As@navy.mil. Include in subject line “One-time waiver determination pursuant to DFARS 225.7003-4 for approval by (i.e. USD(AT&L) or ASN(RD&A)).”

5225.7007 Restrictions on anchor and mooring chain.

5225.7007-2 (DFARS 225.7007-2) Waiver.

(a) Submit the proposed written D&F containing the certification to DASN(A&LM) for Secretarial approval.

5225.7009 Restrictions on ball and roller bearings.

5225.7009-4 (PGI 225.7009-4) Waiver.

Submit the proposed Secretarial waiver to DASN(A&LM) in the form of a written D&F that contains a certification that:

(a) Adequate domestic supplies are not available to meet DoD requirements on a timely basis; and

(b) The acquisition must be made in order to acquire capability for national security purposes.

5225.7011 Restrictions on carbon, alloy, and armor steel plate.

5225.7011-2 (DFARS 225.7011-2) Waiver.

Submit the proposed Secretarial waiver to DASN(A&LM) in the form of a written D&F that contains a certification that:

(1) Adequate U.S. or Canadian supplies are not available to meet DoD requirements on a timely basis; and

(2) The acquisition must be made in order to acquire capability for national security purposes.

5225.7012 Restriction on supercomputers.

5225.7012-2 (DFARS 225.7012-2) Waiver.

Submit the proposed Secretary of Defense waiver to DASN(A&LM) in the form of a written D&F that contains a certification that:

(1) Adequate U.S. supplies are not available to meet requirements on a timely basis; and

(2) The acquisition must be made in order to acquire capability for national security purposes.

5225.9000 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 225.7008(b), 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 225.7008(a)(1)(iv).

SUBPART 5225.76—SECONDARY ARAB BOYCOTT OF ISRAEL

5225.7604 (PGI 225.7604) Waivers.

Submit waiver requests to USD(AT&L)DPAP through DASN(A&LM).

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