DFARS CHANGE NOTICE 20030430

[Federal Register: April 30, 2003 (Volume 68, Number 83)]

DEPARTMENT OF DEFENSE

48 CFR Parts 202 and 245 and Appendix G to Chapter 2

Defense Federal Acquisition Regulation Supplement; Technical Amendments

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement to update organizational titles and activity names and addresses.

EFFECTIVE DATE: April 30, 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0311; facsimile (703) 602-0350.

List of Subjects in 48 CFR Parts 202 and 245

Government procurement.

Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Parts 202 and 245 and Appendix G to Chapter 2 are amended as follows:

1. The authority citation for 48 CFR Parts 202 and 245 and Appendix G to subchapter I continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

Technical Amendments

Final Rule

PART 202-DEFINITIONS OF WORDS AND TERMS

* * * * *

202.101 Definitions.

* * * * *

"Senior procurement executive" means, for DoD-

* * * * *

* * * * *

PART 245-GOVERNMENT PROPERTY

* * * * *

245.407 Non-Government use of plant equipment.

* * * * *

APPENDIX G-ACTIVITY ADDRESS NUMBERS

* * * * *

PART 3-NAVY ACTIVITY ADDRESS NUMBERS

* * * * *

[N65540 Commanding Officer

EHP-S Ship Systems Engineering Station

Naval Surface Warfare Center

* * * * *

PART 5-AIR FORCE ACTIVITY ADDRESS NUMBERS

[F01600 42 CONS/CC

5A 50 Lemay Plaza South, Building 804

F01620 SSG/PK

6K 3490 East Moore Drive, Suite 270

F02601 355 CONS/CC

5C 3180 South Craycroft Road

F02604 56 CONS/CC

5D 14100 West Eagle Street

F03602 314 CONS/CC

5F 642 Thomas Avenue

F04605 452 LG/LGC

5H 1940 Graeber Street, Building 449

F04606 SM-ALC/PK

SM 3237 Peacekeeper Way, Suite 17

F04611 AFFTC R7D Contracts (C)

QQ Building 2800, 5 South Wolfe Avenue

F04626 60 CONS/LGC

5M 350 Hangar Avenue, Building 549

F04666 9 CONS/CC

5N 6500 B Street, Suite 101

F04684 30 CONS/LGC

QW Building 7015, Section 2C, Suite 2

F04689 750 LSS/LGC

RN 1080 Lockheed Way, Box 039

F04693 61 CONS (SMC/PKO)

MG 2420 Vela Way, Suite 1467

F04699 SM-ALC/PK

Q5 3227 Peacekeeper Way, Suite 17

F04700 AFFTC/PKA

Q2 5 South Wolfe Avenue, Building 2800

F04701 SMC/PK

TB 2420 Vela Way, Suite 1462

F05603 HQ AFSPC/LGC

5B 1520 East Williamette Avenue, Room 106

F05604 21 CONS/LGC

SX 700 Suffolk Street

F05611 USAFA/LGC

5Q 8110 Industrial Drive

F07603 436 CONS/LGC

5R 639 Atlantic Street, Suite 243

F08602 6 CONS/CC

5S 2606 Brown Pelican Avenue

F08620 16 CONS/LGC

5T PO Box 9190, 350 Tully Street

F08630 AFRL/MNK

RH 101 West Eglin Boulevard, Building 13, Suite 337

F08635 AAC/PK

RH 205 West D Avenue, Building 350, Suite 433

F08637 325 CONS/CC

5V 501 Illinois Avenue, Suite 5

F08650 45 CONS/LGC

TJ 1201 Edward H. White II Street, MS7200

F08651 AAC/PKO

Q3 205 West D Avenue, Suite 541

F09603 WR-ALC/PK

RJ, RR Building 300, 215 Byron Street

F09604 LR Directorate/PK

RU 750 3rd Street, Building 350

F09607 347 CONS/CC

5W 4380B Alabama Road

F09609 94 LG/LGC

5X 1538 Atlantic Avenue, Suite 141

F09634 HQ AFRC/LGC

5Y 255 Richard Ray Boulevard

F09650 WR-ALC/PKO

Q6 235 Byron Street

F10603 366 CONS/CC

5Z 366 Gunfighter Avenue, Suite 498

F11623 375 CONS/LGC

6C 102 East Martin Street, Suite 216

F11626 HQ AMC/DOY

6S 402 Scott Drive, Unit 3A1

F14614 22 CONS/LGC

X4 53147 Kansas Street, Suite 102

F16602 2 CONS/CC

6G 841 Fairchild Avenue

F19617 439 CONF/LGC

R5 250 Airlift Drive

F19628 ESC/PK

RS 104 Barksdale Street

F19650 ESC/PKO

SH Building 1520, 104 Barksdale Street

F21611 934 CONF/LGC

6N 760 Military Highway

F22600 81 CONS/CC

RC 200 Fifth Street, Room 104

F22608 14 CONS/CC

6Q 555 Seventh Street, Suite 113

F23606 509 CONS/CC

6R 850 Arnold Avenue, Suite 2

F24604 341 CONS/LGC

6T 7015 Goddard Drive, Building 145

F25600 55 CONS/CC

6U 101 Washington Square

F26600 99 CONS/CC

S4 5865 Swabb Boulevard

F28609 305 CONS/LGC

6V 3563 Lancaster Avenue

F28620 OL-A, 65 CONS

S8 PO Box 837

F29601 Det 8, AFRL/PK

RW 2251 Maxwell Avenue SE

F29605 27 CONS/CC

6W 100 North Torch Boulevard

F29650 377 CONS/LGC

R3 2000 Wyoming Boulevard SE

F29651 49 CONS/CC

6X 1210 Fortyniner Avenue

F30602 AFRL/IFK

RX 26 Electronic Parkway

F30617 914 AW/LGC

6Y 2720 Kirkbridge Drive

F31601 43 CONS/CC

BU 1443 Reilly Road, Suite C

F31610 4 CONS/CC

BW 1695 Wright Brothers Avenue

F32604 5 CONS/CC

BX 211 Missile Avenue

F32605 319 CONS/CC

BY 575 6th Avenue

F33600 ASC/PKW

RZ 1940 Allbrook Drive, Suite 3, Building 1

F33601 88 ABW/PKO

Q7 1940 Allbrook Drive, Suite 3, Building 1

F33615 DET 1 AFRL/PK

SG Building 167

F33630 910 LG/LGC

C1 3876 King Graves Road

F33657 ASC/PK

SC Building 14, Room 107

F33660 AFMETCAL Det 1/MLK

TA 813 Irving Wick Drive West, Building 2

F34600 71 FTW/CVC

C2 246 Brown Parkway, Suite 228

F34601 OC-ALC/PK

SD 3001 Staff Drive, Suite 2AF75A

F34608 Engineering Installation Center

TF 4064 Hilltop Road, Suite 102

F34612 97 CONS/CC

C3 205 South 6th Street, Building 318

F34650 OC-ALC/PKO

Q9 Building 3, Suite 1

F36629 911 AW/LGC

C7 2375 Defense Avenue

F36700 913 LG/LGC

C8 1051 Fairchild Street

F38601 20 CONS/CC

C9 305 Blue Jay Street

F38604 USCENTAF

T3 524 Shaw Drive

F38610 437 CONS/LGC

CR 102 Long Street

F39601 28 CONS/LGC

CT 1000 Ellsworth Street, Suite 1200

F40600 AED(C)/PK

Q4 100 Kindel Drive, Suite A335

F40650 AEDC/PKP

D1 100 Kindel Drive, Building 100, Suite 1332

F41608 SA-ALC/PM

SA 485 Quentin Roosevelt Road, Suite 12

F41612 82 CONS/CC

D4 136 K Avenue, Suite 2

F41614 17 CONS/CC

E2 210 Scherz Boulevard

F41622 311 HSW/PKO

QY 8150 Aeromedical Road

F41624 311 HSW/PKRHSC/PK

TG 8150 Aeromedical Road

F41636 37 CONS/CC

ZV 1655 Selfridge Avenue

F41650 SA-ALC/PMK

YA Building 1598, 1288 Growden Road

F41652 7 CONS/CC

E5 381 3rd Street

F41685 47 CONS/CC

E6 171 Alabama Avenue

F41689 AETC CONS/CC

SK 550 D Street, Suite 07

F41691 12 CONS/CC

Y0 395 B Street West, Suite 02

F42600 Ogden ALC/PK

QP 6038 Aspen Avenue, Building 1289

F42610 Ogden ALC/LMK

TE 6038 Aspen Avenue, Building 1289 SE

F42620 Ogden ALC/LFKAC

TG 6072 Fir Avenue, Building 1233

F42630 Ogden ALC/LIK

XP 6050 Gum Lane, Building 1215

F42650 Ogden ALC/PKO

R2 6038 Aspen Avenue, Building 1289 NE

F44600 1 CONS/CC

F3 74 Nealy Avenue, Suite 100

F44650 ACC CONS

Q1 130 Douglas Street, Suite 210

F45603 62 CONS/LGC

F5 100 Main Street, Suite 1049

F45613 92 CONS/LGC

F8 110 West Ent Street, Suite 200

F47606 440 AW/LGC

G7 300 East College Avenue

F48608 90 CONS/LGC

G9 7505 Marne Loop

F49620 AFOSR/PK

SE 4015 Wilson Boulevard, Room 713

F49642 11 CONS/LGC

LA 500 Duncan Avenue, Room 250

F61040 65 CONS/LGC

M1 Lajes Field (Azores)

F61101 21 CONS/DET 1

T1 PSC 73

F61211 31 CONS/LGC

N9 Unit 6102, Box 140

F61214 USAFE Contracting Office

U9 APO AE 9240

F61354 425 ABS/LGC

W8 Unit 6870, Box 85

F61358 39 CONS/LGC

W9 Unit 1045, Box 280

F61503 435 AW/LGC

UC Unit 7420, Box 115

F61517 52 CONS/LGC

UF Unit 3910, Building 2001

F61521 USAFE CONS/LGC

UH Unit 3115

F61708 422 ABS/LGC

UK Croughton AB APO AE 09194

F61730 423 ABS/LGC

UQ PSC 47, Unit 5720

F61775 48 CONS/LGC

UV Unit 5070, Box 270

F61815 496 ABS/LGC

UW Unit 6585

F62032 USMTM

4D Unit 61300, Box 2

F62321 18 CONS/LGC

RA Unit 5199

F62509 35 CONS

QZ Unit 5201

F62562 374 CONS/LGC

SW Unit 5228

F64133 36 CONS/CC

S9 Unit 14040

F64605 15 CONS/LGC

TN 90 G Street

F64620 CINCPACAF/LGC

SZ 90 G Street

F65501 3 CONS/CC

WF 10480 22nd Street

F65503 354 CONS/LGC

WH 3112 Broadway Avenue, Unit 5b

F66501 24 CONS/CC

R7 Unit 0550

FA0021 HQ AFSOC/LGCQ

5T 100 Bartley Street

FA2543 460 CONS

5G 320 North Beaver Creek Street

FA2550 50 CONS

5P 300 O'Malley Avenue, Suite 49

FA4416 89 CONS/LGC

5J 1419 Menoher Drive

FA4452 AMC CONF/LGCF

RL 507 Symington Drive, Room W202

FA5689 426 ABS/LGC

N1 N-4097 Sola

FA6648 482 LSS/LGC

5U 29050 Coral Sea Boulevard, Box 50

FA6675 301 CONF/LGC

D5 1710 Burke Street, Suite 100

FA7046 HQ AFOTEC/RMC

6B 8500 Gibson Boulevard SE

FA 8655 Development - UK

FA8623 ASC/ENVK

6E Building 8, Room 201

FA8770 MSG/PK

6H 4375 Chidlaw Road, Room C022

F01600 42 CONS/CC

5A 50 Lemay Plaza South, Building 804

F01620 SSG/PK

6K 375 Libby Street

F02601 355 CONS/CC

5C 3180 South Craycroft Road

F02604 56 CONS/CC

5D 14100 West Eagle Street

F03602 314 CONS/CC

5F 642 Thomas Avenue

F04605 452 LSS/LGC

5H 1940 Graeber Street, Building 449

F04606 SM-ALC/PK

SM 237 Peacekeeper Way, Suite 17

F04611 AFFTC/PK

QQ Building 2800, 5 South Wolfe Avenue

F04626 60 CONS/LGC

5M 350 Hangar Avenue, Building 549

F04666 9 CONS/CC

5N 6500 B Street, Suite 101

F04684 30 CONS/LGC

QW Building 7015, Section 2c, Suite D

F04689 750 LSS/LGC

RN 1080 Lockheed Way, Box 039

F04693 SMC/PKO

MG 400 North Douglas Boulevard, Suite 212E

F04699 SM-ALC/PK

Q5 3227 Peacekeeper Way, Suite 17

F04700 AFFTC/PKA

Q2 5 South Wolfe Avenue, Building 2800

F04701 SMC/PK

TB 155 Discoverer Boulevard, Suite 1516

F05603 HQ AFSPC/LGC

F05604 21 CONS/LGC

SX 700 Suffolk Street

F05611 10 ABW/LGC

5Q 8110 Industrial Drive, Suite 200

F07603 436 CONS/LGC

5R 639 Atlantic Street, Suite 243

F08602 6 CONS/CC

5S 2606 Brown Pelican Avenue

F08620 16 CONS/LGC

5T PO Box 9190, 350 Tully Street

F08630 AFRL/MNK

S1 101 West Eglin Boulevard, Suite 337

F08635 AAC/PK

RH 205 West D Avenue, Suite 433

F08637 325 CONS/CC

5V 501 Illinois Avenue, Suite 5

F08650 45 CONS/LGC

TJ 1201 Edward H. White II Street, MS7200

F08651 AAC/PKO

Q3 205 West D Avenue, Suite 541

F09603 WR-ALC/PK

RJ, RR Building 300, 215 Byron Street

F09604 LR Directorate/PK

RU 750 3rd Street, Building 350

F09607 347 CONS/CC

5W 4380B Alabama Road

F09609 94 LG/LGC

5X 1538 Atlantic Avenue, Suite 141

F09634 HQ AFRC/LGC

5Y 155 2nd Street

F09650 WR-ALC/PKO

Q6 235 Byron Street

F10603 366 CONS/CC

5Z 366 Gunfighter Avenue, Suite 498

F11623 375 CONS/LGC

6C 102 East Martin Street, Suite 216

F11626 HQ AMC/DOKR

RL 402 Scott Drive, Unit 3A1

F12617 434 LSS/LGC

6D 448 Mustang Avenue

F14614 22 CONS/LGC

X4 53147 Kansas Street, Suite 102

F16602 2 CONS/CC

6G 841 Fairchild Avenue

F19617 439 LSS/LGC

R5 250 Airlift Drive

F19628 ESC/PK

RS 104 Barksdale Street

F19650 ESC/PKO

SH Building 1520, 104 Barksdale Street

F21611 934 LSS/LGC

6N 760 Military Highway

F22600 81 CONS/CC

RC 200 Fifth Street, Room 104

F22608 14 CONS/CC

6Q 555 Seventh Street, Suite 113

F23606 509 CONS/CC

6R 850 Arnold Avenue, Suite 2

F24604 341 CONS/LGC

6T 7015 Goddard Drive

F25600 55 CONS/CC

6U 101 Washington Square

F26600 99 CONS/CC

S4 5865 Swabb Boulevard

F28609 305 CONS/LGC

6V 3563 Lancaster Avenue

F28620 65 CONS/CC

M1 Unit 7775, Building T615, Lajes AB

F28620 65 CONS/OL-A

S8 PO Box 837

F29601 Det 8, AFRL/PK

RW 2251 Maxwell Avenue SE

F29605 27 CONS/CC

6W 100 North Torch Boulevard

F29650 377 CONS

R3 2000 Wyoming Boulevard SE

F29651 49 CONS/CC

6X 1210 Fortyniner Avenue

F30602 AFRL/IFK

RX 26 Electronic Parkway

F30617 914 AW/LGC

6Y 2720 Kirkbridge Drive

F31601 43 CONS/CC

BU 1443 Reilly Road, Suite C

F31610 4 CONS/CC

BW 1695 Wright Brothers Avenue

F32604 5 CONS/CC

BX 211 Missile Avenue

F32605 319 CONS/CC

BY 575 6th Avenue

F33600 ASC/PKW

RZ 1940 Allbrook Drive, Suite 3, Building 1

F33601 ASC/PKWO

Q7 1940 Allbrook Drive, Suite 3, Building 1

F33615 Det 1 AFRL/PK

SG Building 167

F33630 10 AW/LGC

C1 3976 King Graves Road, Unit 25

F33657 ASC/PK

SC Building 14, Room 107

F33660 AFMETCAL Det 1/MLK

FY2333 813 Irving Wick Drive West, Building 2

F34600 71 FTW/CVC

C2 246 Brown Parkway, Suite 228

F34601 OC-ALC/PK

SD 3001 Staff Drive, Suite 1AG76A

F34608 38 LS/LGC

TF 4008 Hilltop Road, Suite 103

F34612 97 CONS/CC

C3 205 South 6th Street, Building 318

F34650 OC-ALC/PKO

Q9 Building 3, Suite 1

F36629 911 AW/LGC

C7 2375 Hercules Court

F36700 913 LG/LGC

C8 1051 Fairchild Street

F38601 20 CONS/CC

C9 305 Blue Jay Street

F38604 USCENTAF

T3 524 Shaw Drive

F38610 437 CONS/LGC

CR 102 Long Street

F39601 28 CONS/LGC

CT 1000 Ellsworth Street, Suite 1200

F40600 AEDC/PK

Q4 100 Kindel Drive, Suite A335

F40650 AEDC/PKP

D1 100 Kindel Drive, Suite 1332

F41608 SA-ALC/PK

SA 485 Quentin Roosevelt Road, Suite 12

F41612 82 CONS/CC

D4 136 K Avenue, Suite 2

F41614 17 CONS/CC

E2 210 Scherz Boulevard

F41622 HSC/PKO

QY Building 625, 8005 9th Street

F41624 HSC/PK

TG Building 626, 8005 9th Street

F41636 37 CONS/CC

ZV 1655 Selfridge Avenue

F41650 SA-ALC/PKO

YA Building 1598, 1288 Growden Road

F41652 7 CONS/CC

E5 381 3rd Street

F41685 47 CONS/CC

E6 171 Alabama Avenue

F41689 AETC CONS/CC

SK 550 D Street, Suite 07

F41691 12 CONS/CC

Y0 395 B Street West, Suite 02

F42600 OO-ALC/PK

QP Building 1289 SE, 6038 Aspen Avenue

F42610 OO-ALC/LMK

QP Building 1289 SE, 6038 Aspen Avenue

F42620 OO-ALC/LFK

QP Building 1233, 6072 Fir Avenue

F42630 OO-ALC/LIK

QP Building 1215, 6050 Gum Lane

F42650 OO-ALC/PKO

R2 Building 1289 SE, 6038 Aspen Avenue

F44600 1 CONS/CC

F3 74 Nealy Avenue, Suite 100

F44650 ACC CONS

Q1 130 Douglas Street, Suite 210

F45603 62 CONS/LGC

F5 100 Main Street, Suite 1049

F45613 92 CONS/LGC

F8 110 West Ent Street, Suite 200

F47606 440 AW/LGC

G7 300 East College Avenue

F48608 90 CONS/LGC

G9 7505 Marne Loop

F49620 AFOSR/PK

SE 801 North Randolph Street, Room 732

F49642 11 CONS/LGC

J1 500 Duncan Avenue, Room 250

F61101 Det 1, 21 CONS/CC

T1 Copenhagen AB

F61211 31 FW/LGC

N9 Unit 6102, Box 140

F61354 425 ABS/LGC

W8 Unit 6870, Box 85

F61358 39 CONS/LGC

W9 Unit 1045, Box 280

F61503 469 ABG/LGC

UC Unit 7420, Box 115

F61517 52 CON FLT/LGC

UF Unit 3910, Building 2001

F61521 USAFE CONS/LGC

UH Unit 3115

F61730 423 ABS/LGC

UQ PSC 47, Unit 5720

F61775 48 CONS/LGC

UV Unit 5070, Box 270

F61815 496 ABS/LGC

UW Unit 6585

F62032 USMTM

4D Unit 61300, Box 2

F62321 18 CONS/LGC

RA Unit 5199

F62509 35 CONS

QZ Unit 5201

F62562 374 CONS/LGC

SW Unit 5228

F63197 731 MUNSS/LGC

UJ Unit 7230, Box 49

F64133 36 CONS/CC

S9 Unit 14040

F64605 15 CONS/LGC

TN 90 G Street

F65501 3 CONS/CC

WF 6920 12th Street, Suite 242

F65503 354 CONS/LGC

WH 3112 Broadway Avenue, Suite 3

F66501 24 CONS/CC

R7 Unit 0550

FA0021 HQ AFSOC/LGCQ

FA2550 50 CONS

FA4416 89 CONS/LGC

5J 1419 Menoher Drive

FA4452 AMC CONF/LGCF

RL 507 Symington Drive, Room W202

FA6648 482 LSS/LGC

5U 29050 Coral Sea Boulevard, Box 50

FA6675 301 LSS/LGC

D5 1710 Burke Street, Suite 100

FA7046 Air Force Operational Test and Evaluation Center

FA8623 ASC/ENVK

FA8770 MSG/PK

NOTE: DFARS Change/Rule 2002-D009 was published in the Federal Register and in FARSite on 31 March. Below is a re-publication for the convenience of our customers.

Foreign Acquisition

DFARS Case 2002-D009

Final Rule

PART 206-COMPETITION REQUIREMENTS

* * * * *

206.303 Justifications.

206.303-1 Requirements.

* * * * *

* * * * *

PART 208-REQUIRED SOURCES OF SUPPLIES AND SERVICES

* * * * *

208.7203 Authority.

Authority under current contracting procedures to accomplish industrial planning actions includes-

* * * * *

* * * * *

PART 212-ACQUISITION OF COMMERCIAL ITEMS

* * * * *

SUBPART 212.3--SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF COMMERCIAL ITEMS

212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.

* * * * *

* * * * *

PART 225-FOREIGN ACQUISITION

225.000 Scope of part.

This part also provides policy and procedures for-

(i) Contracting with Canadian and other qualifying country sources; and

(ii) Cooperative projects;

225.001 General.

To apply the policies and procedures of this part, analyze and evaluate offers of foreign end products generally as follows: [When evaluating offers of foreign end products, consider the following:]

209.104-1(g).

225.003 Definitions.

As used in this part-

SUBPART 225.1--BUY AMERICAN ACT--SUPPLIES

[225.101 General.

(i) The end product is manufactured in the United States; and

225.103 Exceptions.

225.104 Nonavailable articles.

[225.105 Determining reasonableness of cost.

225.170 Acquisition from or through other Government agencies.

Contracting activities must apply the evaluation procedures in Subpart 225.5 when using Federal supply schedules.

225.171 Solicitations.

225.202 Exceptions.

225.206 Noncompliance.

* * * * *

225.401 Exceptions.

225.401-70 Products subject to trade agreement acts.

Foreign end products subject to the Trade Agreements Act and NAFTA are those in the following Federal supply groups (FSG). If a product is not in one of the listed groups, the Trade Agreements Act and NAFTA do not apply. The definition of Caribbean Basin country end products in FAR 25.003 excludes those end products that are not eligible for duty-free treatment under 19 U.S.C. 2703(b). However, 225.003 expands the definition of Caribbean Basin country end products to include petroleum and any product derived from petroleum. The [following] list of products has been annotated to indicate[s] those products that are eligible for designated and NAFTA countries, but are not presently eligible for Caribbean Basin countries.

FSG

Category/Description

   

22

Railway equipment

23

Motor vehicles, trailers, and cycles (except 2350 and buses under 2310)

24

Tractors

25

Vehicular equipment components

26

Tires and tubes

29

Engine accessories

30

Mechanical power transmission equipment

32

Woodworking machinery and equipment

34

Metalworking machinery

35

Service and trade equipment

36

Special industry machinery (except 3690)

37

Agricultural machinery and equipment

38

Construction, mining, excavating, and highway maintenance equipment

39

Materials handling equipment

40

Rope, cable, chain and fittings

41

Refrigeration and air conditioning equipment

42

Fire fighting, rescue and safety equipment

43

Pumps and compressors

44

Furnace, steam plant and drying equipment (except 4470)

45

Plumbing, heating, and sanitation equipment

46

Water purification and sewage treatment equipment

47

Piping, tubing, hose, and fitting

48

Valves

49

Maintenance and repair shop equipment (except 4920-4927, 4931-4935, 4960)

53

Hardware and abrasives

54

Prefabricated structures and scaffolding

55

Lumber, millwork, plywood, and veneer

56

Construction and building materials

61

Electric wire, and power and distribution equipment

62

Lighting fixtures and lamps

63

Alarm and signal systems

65

Medical, dental, and veterinary equipment and supplies

66

Instruments and laboratory equipment (except aircraft clocks under 6645) - See FAR 25.003 exclusion of certain watches and watch parts for certain Caribbean Basin countries

67

Photographic equipment

68

Chemicals and chemical products

69

Training aids and devices

70

General purpose ADPE, software, supplies, and support equipment

71

Furniture

72

Household and commercial furnishings and appliances

73

Food preparation and serving equipment

74

Office machines, visible record equipment and ADP equipment

75

Office supplies and devices

76

Books, maps, and other publications

77

Musical instruments, phonographs, and home type radios

78

Recreational and athletic equipment

79

Cleaning equipment and supplies

80

Brushes, paints, sealers, and adhesives

81

Containers, packaging and packing supplies (except 8140)

84

Luggage (only 8460) - See FAR 25.003 for exclusion of luggage for Caribbean Basin countries

85

Toiletries

87

Agricultural supplies

88

Live animals

91

Fuels, oils, and waxes

93

Nonmetallic fabricated materials

94

Nonmetallic crude materials

96

Ores, minerals, and their primary products

99

Miscellaneous

225.402 General.

225.403 Trade Agreements Act.

225.408 Procedures.

SUBPART 225.5--EVALUATING FOREIGN OFFERS--SUPPLY CONTRACTS

225.502 Application.

(b) Use the following procedures instead of the procedures in FAR 25.502(b) for acquisitions subject to the Trade Agreements Act:

(c) Use the following procedures instead of those in FAR 25.502(c) for acquisitions subject to the Buy American Act or the Balance of Payments Program.[:]

225.503 Group offers.

Evaluate group offers in accordance with FAR 25.503, but apply the evaluation procedures of 225.502.]

225.504 Evaluation examples.

Award on Domestic Offer. The 50% evaluation factor is added to the nonqualifying country offer, inclusive of duty, yielding an evaluated price of $9,000.

Award on Nonqualifying Country Offer. The addition of the evaluation factor yields an evaluated price of $900,000. Since duty is being exempted for nonqualifying country offers, the duty is subtracted from the offered price, which is awarded at $599,000.

Award on Nonqualifying Country Offer. Since the qualifying country offer is lower than the domestic offer, the nonqualifying country offer is evaluated without the factor. Since duty is not being exempted for nonqualifying country offers, the offer is evaluated and award is made at the price inclusive of duty ($6,000).

Award on Nonqualifying Country Offer. Again, the qualifying country offer is lower than the domestic offer. The nonqualifying country offer is, therefore, evaluated without the factor. Since duty is being exempted for nonqualifying country offers, the duty identified by the offeror is subtracted from the offered price, which is evaluated and awarded at $879,500.

Award on Qualifying Country Offer. Since no domestic offers are received, the nonqualifying country offer is evaluated without the evaluation factor. Since duty is not being exempted and would be paid by the Government, the nonqualifying country offer is evaluated inclusive of duty.

Award on Nonqualifying Country Offer. Since no domestic offers are received, the nonqualifying country offer is evaluated without the evaluation factor. Since duty is being exempted, duty is subtracted from the nonqualifying country offer, which is evaluated and awarded at $879,500.

[The following examples illustrate the evaluation procedures in 225.502(c)(ii). The examples assume that the contracting officer has eliminated all offers that are unacceptable for reasons other than price or a trade agreement and that price is the determining factor in contract award. The same evaluation procedures and the 50 percent evaluation factor apply regardless of whether the acquisition is subject to the Buy American Act (BAA) or the Balance of Payments Program (BOPP).

(1) Example 1.

Offer A $945,000 Foreign offer subject to BAA/BOPP

Offer B $950,000 Foreign offer exempt from BAA/BOPP

Since no domestic offers are received, do not apply the evaluation factor. Award on Offer A.

(2) Example 2.

Offer A $950,000 Domestic offer

Offer B $890,000 Foreign offer exempt from BAA/BOPP

Offer C $880,000 Foreign offer subject to BAA/BOPP

Since the exempt foreign offer is lower than the domestic offer, do not apply the evaluation factor. Award on Offer C.

(3) Example 3.

Offer A $9,100 Foreign offer exempt from BAA/BOPP

Offer B $8,900 Domestic offer

Offer C $6,000 Foreign offer subject to BAA/BOPP

Since the domestic offer is lower than the exempt foreign offer, apply the 50 percent evaluation factor to Offer C. This results in an evaluated price of $9,000 for Offer C. Award on Offer B.

(4) Example 4.

Offer A $910,000 Foreign offer exempt from BAA/BOPP

Offer B $890,000 Domestic offer

Offer C $590,000 Foreign offer subject to BAA/BOPP

Since the domestic offer is lower than the exempt foreign offer, apply the 50 percent evaluation factor to Offer C. This results in an evaluated price of $885,000 for Offer C. Award on Offer C.]

[SUBPART 225.6-TRADE SANCTIONS

225.670 Secondary Arab boycott of Israel.

225.670-1 Restriction.

In accordance with 10 U.S.C. 2410i, do not enter into a contract with a foreign entity unless it has certified that it does not comply with the secondary Arab boycott of Israel.

225.670-2 Procedures.

For contracts awarded to the Canadian Commercial Corporation (CCC), the CCC will submit a certification from its proposed subcontractor with the other required precontractual information (see 225.870).

225.670-3 Exceptions.

This restriction does not apply to-

225.670-4 Waivers.

The Secretary of Defense may waive this restriction on the basis of national security interests. Forward waiver requests to the Director, Defense Procurement and Acquisition Policy, ATTN: OUSD(AT&L)DPAP(PAIC), 3060 Defense Pentagon, Washington, DC 20301-3060.]

SUBPART 225.7--PROHIBITED SOURCES

225.701 Restrictions.

See 209.104-1(g)(i) for restrictions on contracting with firms owned or controlled by foreign governments that support terrorism. See 209.104-1(g)(ii) for prohibition on award of a DoD contract under a national security program to an entity controlled by a foreign government when access to proscribed information is required to perform the contract.

225.701-70 Exception.

DoD personnel are authorized to make emergency acquisitions in direct support of U.S. or allied forces deployed in military contingency, humanitarian, or peacekeeping operations in a country or region subject to economic sanctions administered by the Department of the Treasury, Office of Foreign Assets Control.

225.770 Secondary Arab boycott of Israel.

225.770-1 Restriction.

In accordance with 10 U.S.C. 2410i, do not enter into a prime contract with a foreign person, company, or entity unless it has certified that it does not comply with the secondary Arab boycott of Israel.

225.770-2 Procedures.

For contracts awarded to the Canadian Commercial Corporation (CCC), the CCC will submit a certification from its proposed subcontractor with the other required precontractual material (see 225.870).

225.770-3 Exceptions.

The restriction does not apply to-

225.770-4 Waivers.

The Secretary of Defense may waive the restriction on the basis of national security interests. Waiver requests should be forwarded to the Director of Defense Procurement, Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics).

225.770-5 Solicitation provision and contract clause.

Unless an exception applies or a waiver has been granted, use the clause at 252.225-7031, Secondary Arab Boycott of Israel, in all solicitations and contracts.

225.771 Prohibition on acquisition from the People's Republic of China.

225.771-1 Definition.

"People's Republic of China" is defined in the provision at 252.225-7017, Prohibition on Award to Companies Owned by the People's Republic of China

225.771-2 Legal authority.

This section implements Section 8120 of the DoD Appropriations Act for fiscal year 1999 (Pub. L. 105-262), as amended by Section 144 of Title I, Division C, of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Pub. L. 105-277).

225.771-3 Prohibition on contract award.

If using fiscal year 1999 funds made available by Title III (Procurement) or Title IV (Research, Development, Test and Evaluation) of Pub. L. 105-262, do not award or renew a contract with any company in which the Director of Defense Procurement has determined that the People's Republic of China or the People's Liberation Army of the People's Republic of China owns more than 50 percent interest.

225.771-4 Procedures.

225.771-5 Solicitation provision.

Use the provision at 252.225-7017, Prohibition on Award to Companies Owned by the People's Republic of China, in solicitations for contracts that will use fiscal year 1999 funds made available by Title III or IV of Pub. L. 105-262.

SUBPART 225.8--OTHER INTERNATIONAL AGREEMENTS AND COORDINATION

225.801 General.

[225.802 Procedures.]

225.802 Procedures.

225.802-70 Contracts for performance outside the United States and Canada.

225.802-71 End user certificates.

Contracting officers considering the purchase of an item from a foreign source may encounter a request for the signing of a certificate to the effect [indicate] that the Armed Forces of the United States is the end user of the equipment [item], and that it [the U.S. Government] will not be transferred [the item] to third parties without authorization from the Government of the country selling the item. When encountering this situation, refer to DoD Directive 2040.3, End User Certificates, for guidance.

225.870 Contracting with Canadian contractors.

225.870-1 General.

225.870-2 Solicitation of Canadian contractors.

225.870-3 Submission of offers.

225.870-4 Contracting procedures.

(1)] q[Q]uote the contract price in terms of Canadian dollars and shall identify the amount by the initials ["]CN[",]; e.g., $1,647.23CN.[; and]

[(2)] The contract shall c[C]learly indicate on its face [the face of the contract] the U.S./Canadian conversion rate at the time of award and the U.S. dollar equivalent of the Canadian dollar contract amount.

225.870-5 Contract administration.

contracts/[:]

[(i) Consulting and Audit Canada (CAC) furnishes audit reports to PWGSC.

(ii)] Upon advice from DSS [PWGSC], the CCC [Canadian Commercial Corporation] will certify[ies] the invoice and forward[s] it with [Standard Form (]SF[)] 1034, Public Voucher, to the administrative contracting officer for further processing and transmittal to the disbursing office.

225.870-6 Termination procedures.

225.870-7 Acceptance of Canadian supplies.

225.870-8 Industrial security.

Industrial security for Canada shall be in accordance with the U.S.-Canada Industrial Security Agreement of March 31, 1952, as amended.

225.871 North Atlantic Treaty Organization (NATO) cooperative projects.

225.871-1 Scope.

(b) Provides guidance on awarding contracts for North Atlantic Treaty Organization (NATO) cooperative projects.]

225.871-2 Definitions.

225.871-3 General.

225.871-4 Statutory waivers.

225.871-5 Directed subcontracting.

225.871-6 Disposal of property.

Dispose of property that is jointly acquired by the members of a cooperative project under the procedures established in the agreement or in a manner consistent with the terms of the agreement.

225.871-7 Congressional notification.

225.872 Contracting with qualifying country sources.

225.872-1 General.

225.872-2 Applicability.

225.872-3 Solicitation procedures.

225.872-4 Evaluation of offers [Individual determinations].

225.872-5 Contract administration.

225.872-6 Audit.

225.872-7 Industrial security for qualifying countries.

The required procedures for safeguarding classified defense information necessary for the performance of contracts awarded to qualifying country sources are in the DoD Industrial Security Regulation DoD 5220.22-R (implemented for the Army by AR 380-49; for the Navy by SECNAV Instruction 5510.1H; for the Air Force by AFI 31-601; for the Defense Information Systems Agency by DCA Instruction 240-110-8; and for the National Imagery and Mapping Agency by NIMA Instruction 5220.22).

225.872-8 Subcontracting with qualifying country sources.

In reviewing contractor subcontracting procedures, the contracting officer shall ensure that the prime contract does not preclude qualifying country sources from competing for subcontracts, except when restricted by national security interest reasons, mobilization base considerations, or applicable U.S. laws or regulations. (S[s]ee the clause at 252.225-7002, Qualifying Country Sources as Subcontractors.)[.]

225.873 Waiver of United Kingdom commercial exploitation levies.

225.873-1 Policy.

DoD and the Government of the United Kingdom (U.K.) have agreed to waive U.K. commercial exploitation levies and U.S. nonrecurring cost recoupment charges on a reciprocal basis. In order f[F]or U.K. levies to be waived, they must be identified and a waiver must be requested [the offeror or contractor shall identify the levies and the contracting officer shall request a waiver] before award of the contract or subcontract under which the levies are charged.

225.873-2 Procedures.

225.873-3 Contract clause.

Use the clause at 252.225-7032, Waiver of United Kingdom Levies, in all solicitations and contracts for supplies-

SUBPART 225.9--CUSTOMS AND DUTIES

225.901 Policy.

225.902 Procedures.

(A) Is responsible for issuing duty-free entry certificates for foreign supplies purchased under a DoD contract or subcontract; and

(B)] Upon receipt of import documentation for incoming shipments from the contractor, its agent, or the U.S. Customs Service, DCM New York will verify the duty-free entitlement and execute the duty-free entry certificate.

225.903 Exempted supplies.

(1) A]articles known as "stores," such as food, medicines, and toiletries, as well as [; and

(2) A]all consumable articles necessary and appropriate for the propulsion, operation, and maintenance of the vessel or aircraft, such as fuel, oil, gasoline, grease, paint, cleansing compounds, solvents, wiping rags, and polishes.[; and]

* * * * *

SUBPART 225.11--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

[225.1100 Scope of subpart.

This subpart prescribes the clauses that implement Subparts 225.1 through 225.10. The clauses that implement Subparts 225.70 through 225.75 are prescribed within those subparts.]

225.1101 Acquisition of supplies.

225.1103 Other provisions and clauses.

SUBPART 225.70--AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN ACQUISITION

225.7000 Scope of subpart.

225.7001 Definitions.

As used in this subpart-

225.7002 Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.

* * * * *

225.7002-3 Contract clauses.

Unless an exception applies-

225.7003 Restriction on overseas military construction.

For restriction on award of military construction contracts to be performed in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, see 236.274(a).

225.7004 Restriction on overseas architect-engineer services.

For restriction on award of architect-engineer contracts to be performed in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, see 236.602-70.

225.7005[3] Waiver of certain restrictions [of 10 U.S.C. 2534].

225.7006 Restrictions on construction or repair of vessels in foreign shipyards.

10 U.S.C. 7309 restricts constructing or repairing vessels in foreign shipyards.

225.7007[4] Restriction on acquisition of foreign buses.

225.7007[4]-1 Restriction.

In accordance with 10 U.S.C. 2534, do not acquire a multipassenger motor vehicle (bus) unless it is manufactured in the United States or Canada.

225.7007[4]-2 Applicability.

Apply this restriction if the buses are purchased, leased, rented, or made available under contracts for transportation services.

225.7007[4]-3 Exceptions.

This restriction does not apply in any of the following circumstances:

225.7007[4]-4 Waiver.

The waiver criteria at 225.7005[3](a) apply to this restriction.

225.7008 Restriction on research and development.

225.7009 Reserved.

225.7010[05] Restriction on certain chemical weapons antidote.

225.7010[05]-1 Restriction.

In accordance with 10 U.S.C. 2534 and defense industrial mobilization requirements (see Subpart 208.72), do not acquire chemical weapons antidote contained in automatic injectors, or the components for such injectors, unless the chemical weapons antidote or component is manufactured in the United States or Canada by a company that-

225.7010[05]-2 Exception.

The [This] restriction of 225.7010-1 does not apply if the acquisition is for an amount that does not exceed [at or below] the simplified acquisition threshold.

225.7010[05]-3 Waiver.

The waiver criteria at 225.7005[3](a) apply to this restriction.

[225.7006 Restriction on air circuit breakers for naval vessels.

225.7006-1 Restriction.

In accordance with 10 U.S.C. 2534, do not acquire air circuit breakers for naval vessels unless they are manufactured in the United States or Canada.

225.7006-2 Exceptions.

This restriction does not apply if the acquisition is-

225.7006-3 Waiver.

225.7006-4 Solicitation provision and contract clause.

(a) Use the provision at 252.225-7037, Evaluation of Offers for Air Circuit Breakers, in solicitations requiring air circuit breakers for naval vessels unless-

(b) Use the clause at 252.225-7038, Restriction on Acquisition of Air Circuit Breakers, in solicitations and contracts requiring air circuit breakers for naval vessels unless-

225.7007 Restrictions on anchor and mooring chain.

225.7007-1 Restrictions.

225.7007-2 Waiver.

(1) Sufficient domestic suppliers are not available to meet DoD requirements on a timely basis; and

225.7007-3 Contract clause.

Unless a waiver has been granted, use the clause at 252.225-7019, Restriction on Acquisition of Anchor and Mooring Chain, in solicitations and contracts requiring welded shipboard anchor or mooring chain four inches or less in diameter.

225.7008 Restrictions on totally enclosed lifeboat survival systems.

225.7008-1 Restrictions.

225.7008-2 Exceptions.

The restriction in 225.7008-1(b) does not apply if the acquisition is-

225.7008-3 Waiver.

225.7008-1(b).

225.7008-4 Contract clause.

Use the clause at 252.225-7039, Restriction on Acquisition of Totally Enclosed Lifeboat Survival Systems, in solicitations and contracts that require delivery of totally enclosed lifeboat survival systems.

225.7009 Restrictions on ball and roller bearings.

225.7009-1 Restrictions.

225.7009-2 Exceptions.

225.7009-3 Waiver.

225.7009-1(a).

(A) This determination shall be based on a finding that the qualification of a domestically manufactured bearing would cause unreasonable costs or delay.

(B) A finding that a cost is unreasonable should take into consideration DoD policy to assist the domestic industrial mobilization base.

(C) Contracts should be awarded to domestic bearing manufacturers to increase their capability to reinvest and become more competitive;

225.7009-4 Contract clause.

225.7010 Restriction on vessel propellers.

225.7010-1 Restriction.

In accordance with Section 8064 of the Fiscal Year 2001 DoD Appropriations Act (Pub. L. 106-259), do not use fiscal year 2000 or 2001 funds to acquire vessel propellers other than those produced by a domestic source and of domestic origin, i.e., vessel propellers--

225.7010-2 Exceptions.

This restriction does not apply to contracts or subcontracts for acquisition of commercial items.

225.7010-3 Waiver.

The Secretary of the department responsible for acquisition may waive this restriction on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that--

225.7010-4 Contract clause.

Use the clause at 252.225-7023, Restriction on Acquisition of Vessel Propellers, in solicitations and contracts that use fiscal year 2000 or 2001 funds for the acquisition of vessels or vessel propellers, unless--

225.7011 Restriction on carbon, alloy, and armor steel plate.

225.7011-1 Restriction.

In accordance with Section 8111 of the Fiscal Year 1992 DoD Appropriations Act (Pub. L. 102-172) and similar sections in subsequent DoD appropriations acts, do not acquire any of the following types of carbon, alloy, or armor steel plate unless it is melted and rolled in the United States or Canada:

225.7011-2 Waiver.

The Secretary of the department responsible for acquisition may waive this restriction, on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that-

225.7011-3 Contract clause.

Unless a waiver has been granted, use the clause at 252.225-7030, Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate, in solicitations and contracts that-

225.7012 Restriction on supercomputers.

225.7012-1 Restriction.

In accordance with Section 8112 of Pub. L. 100-202, and similar sections in subsequent DoD appropriations acts, do not purchase a supercomputer unless it is manufactured in the United States.

225.7012-2 Waiver.

The Secretary of Defense may waive this restriction, on a case-by-case basis, after certifying to the Armed Services and Appropriations Committees of Congress that-

225.7012-3 Contract clause.

Unless a waiver has been granted, use the clause at 252.225-7011, Restriction on Acquisition of Supercomputers, in solicitations and contracts for the acquisition of supercomputers.

225.7013 Restrictions on construction or repair of vessels in foreign shipyards.

In accordance with 10 U.S.C. 7309-

225.7014 Restriction on overseas military construction.

For restriction on award of military construction contracts to be performed in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, see 236.274(a).

225.7015 Restriction on overseas architect-engineer services.

For restriction on award of architect-engineer contracts to be performed in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, see 236.602-70.

225.7016 Restriction on research and development.

225.7017 Restriction on Ballistic Missile Defense research, development, test, and evaluation.

225.7017-1 Definitions.

"Competent," "foreign firm," and "U.S. firm" are defined in the provision at 252.225-7018, Notice of Prohibition of Certain Contracts with Foreign Entities for the Conduct of Ballistic Missile Defense Research, Development, Test, and Evaluation.

225.7017-2 Restriction.

In accordance with Section 222 of the DoD Authorization Act for Fiscal Years 1988 and 1989 (Pub. L. 100-180), do not use any funds appropriated to or for the use of DoD to enter into or carry out a contract with a foreign government or firm, including any contract awarded as a result of a broad agency announcement, if the contract provides for the conduct of research, development, test, and evaluation (RDT&E) in connection with the Ballistic Missile Defense Program.

225.7017-3 Exceptions.

This restriction does not apply-

225.7017-4 Solicitation provision.

Unless foreign participation is otherwise excluded, use the provision at 252.225-7018, Notice of Prohibition of Certain Contracts With Foreign Entities for the Conduct of Ballistic Missile Defense Research, Development, Test, and Evaluation, in competitively negotiated solicitations for RDT&E in connection with the Ballistic Missile Defense Program.]

225.7011 Restriction on Ballistic Missile Defense research, development, test, and evaluation.

225.7011-1 Definitions.

"Competent," "foreign firm," and "U.S. firm" have the meanings given in the provision at 252.225-7018, Notice of Prohibition of Certain Contracts with Foreign Entities for the Conduct of Ballistic Missile Defense RDT&E.

225.7011-2 Restriction.

225.7011-3 Exceptions.

This prohibition shall not apply-

225.7011-4 Procedures.

225.7011-5 Solicitation provision.

Use the provision at 252.225-7018, Notice of Prohibition of Certain Contracts With Foreign Entities for the Conduct of Ballistic Missile Defense RDT&E, in all competitively negotiated BMD solicitations for research, development, test, and evaluation, unless foreign participation is otherwise excluded.

225.7012 Restrictions on anchor and mooring chain.

225.7012-1 Restrictions.

225.7012-2 Waiver.

The restriction in 225.7012-1(a) may be waived by the Secretary of the Department responsible for acquisition, on a case-by-case basis, where sufficient domestic suppliers are not available to meet DoD requirements on a timely basis and the acquisition is necessary to acquire capability for national security purposes.

225.7012-3 Contract clause.

Use the clause at 252.225-7019, Restriction on Acquisition of Foreign Anchor and Mooring Chain, in all solicitations and contracts-

225.7013 Reserved.

225.7014 Reserved.

225.7015 Restriction on night vision image intensifier tubes and devices.

225.7015-1 Restriction.

In accordance with Pub. L. 101-165 and 101-511, fiscal years 1990 and 1991 funds may not be used to acquire second and third generation night vision image intensifier tubes and devices unless they are manufactured in the United States or Canada.

225.7015-2 Exception.

Second and third generation night vision image intensifier tubes and devices manufactured outside the United States or Canada may be acquired if-

225.7015-3 Contract clause.

Use the clause at 252.225-7024, Restriction on Acquisition of Night Vision Image Intensifier Tubes and Devices, in all solicitations and contracts which-

225.7016 Restriction on air circuit breakers for naval vessels.

225.7016-1 Restriction.

In accordance with 10 U.S.C. 2534 and 225.7005(b), do not acquire air circuit breakers for naval vessels unless they are manufactured in the United States, Canada, or the United Kingdom.

225.7016-2 Exceptions.

This restriction does not apply if-

225.7016-3 Waiver.

The waiver criteria at 225.7005(a) apply to this restriction.

225.7016-4 Contract clause.

Use the clause at 252.225-7029, Preference for United States or Canadian Air Circuit Breakers, in all solicitations and contracts requiring air circuit breakers for naval vessels, unless-

225.7017 Restriction on carbon, alloy, and armor steel plate.

225.7017-1 Restriction.

In accordance with Section 8111 of Pub. L. 102-172, and similar sections in subsequent appropriations acts, all carbon, alloy, and armor steel plate in Federal stock class 9515 or described by American Society for Testing Materials (ASTM) or American Iron and Steel Institute (AISI) specifications, purchased by the Government or a contractor for use in a Government-owned facility or in a facility controlled (e.g., leased) by DoD, shall be melted and rolled in the United States or Canada.

225.7017-2 Exceptions.

This restriction does not apply to-

225.7017-3 Waiver.

The restriction may be waived by the Secretary of the department responsible for acquisition, on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that-

225.7017-4 Contract clause.

Unless an exception under 225.7017-2 is known to apply or a waiver has been granted in accordance with 225.7017-3, use the clause at 252.225-7030, Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate, in all solicitations and contracts which-

225.7018 Restriction on four ton dolly jacks.

225.7018-1 Restriction.

In accordance with Section 9108 of Pub. L. 102-396, no fiscal year 1993 funds shall be used to procure four ton dolly jacks manufactured outside the United States.

225.7018-2 Waiver.

The restriction in 225.7018-1 may be waived on a case-by-case basis where the Secretary of the Military Department or the Under Secretary of Defense (Acquisition, Technology, and Logistics) certifies to the Committees on Appropriations of the House and Senate that-

225.7018-3 Contract clause.

Use the clause at 252.225-7033, Restriction on Acquisition of Four Ton Dolly Jacks, in solicitations and contracts that use fiscal year 1993 funds for the acquisition of four ton dolly jacks.

225.7019 Restrictions on ball and roller bearings.

225.7019-1 Restrictions.

225.7019-2 Exceptions.

225.7019-3 Waiver.

225.7019-4 Contract clause.

225.7020 Restriction on vessel propellers.

225.7020-1 Restriction.

In accordance with Section 8064 of the National Defense Appropriations Act for Fiscal Year 2001 (Pub. L. 106-259), do not use fiscal year 2000 or 2001 funds to acquire vessel propellers other than those produced by a domestic source and of domestic origin, i.e., vessel propellers--

225.7020-2 Exceptions.

This restriction does not apply to contracts or subcontracts for acquisition of commercial items.

225.7020-3 Waiver.

The Secretary of the department responsible for acquisition may waive this restriction on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that--

225.7020-4 Contract clause.

Use the clause at 252.225-7023, Restriction on Acquisition of Vessel Propellers, in solicitations and contracts for the acquisition of vessels or vessel propellers, unless--

225.7021 Restriction on aircraft fuel cells.

225.7021-1 Restriction.

In accordance with Section 8090 of the Fiscal Year 1994 Defense Appropriations Act (Pub. L. 103-139) and Section 8075 of the Fiscal Year 1995 Defense Appropriations Act (Pub. L. 103-335), do not purchase aircraft fuel cells unless they are produced or manufactured in the United States by a domestic-operated entity.

225.7021-2 Waiver.

The restriction in 225.7021-1 may be waived by the Secretary of the department responsible for the acquisition, on a case-by-case basis, by certifying to the House and Senate Committees on Appropriations that-

225.7021-3 Contract clause.

Unless a waiver has been granted in accordance with 225.7021-2, use the clause at 252.225-7038, Restriction on Acquisition of Aircraft Fuel Cells, in all solicitations and contracts which-

225.7022 Restrictions on totally enclosed lifeboat survival systems.

225.7022-1 Restrictions.

225.7022-2 Exceptions.

The restriction in 225.7022-1(b) does not apply if-

225.7022-3 Waiver.

The waiver criteria at 225.7005(a) apply only to the restriction of 225.7022-1(b).

225.7022-4 Contract clause.

Use the clause at 252.225-7039, Restriction on Acquisition of Totally Enclosed Lifeboat Survival Systems, in all solicitations and contracts which require delivery of totally enclosed lifeboat survival systems.

225.7023 Restriction on supercomputers.

225.7023-1 Restriction.

In accordance with Section 8112 of Pub. L. 100-202, and similar sections in subsequent Defense Appropriations Acts, do not purchase any supercomputer that is not manufactured in the United States.

225.7023-2 Waiver.

The restriction in 225.7023-1 may be waived by the Secretary of Defense on a case-by-case basis, after the Secretary of Defense certifies to the Armed Services and Appropriations Committees of Congress that-

225.7023-3 Contract clause.

Use the clause at 252.225-7011, Restriction on Acquisition of Supercomputers, in solicitations and contracts for the acquisition of supercomputers.

SUBPART 225.71--OTHER RESTRICTIONS ON FOREIGN ACQUISITION

225.7100 Scope of subpart.

This subpart contains foreign product restrictions which [that] are based on policies designed to protect the defense industrial base.

225.7101 Definitions.

Relevant definitions are ["Domestic manufacture" is defined] in the clause at 252.225-7025, Restriction on Acquisition of Forgings.

225.7102 Forgings.

225.7102-1 Policy.

[When acquiring] DoD requirements for the following forging items, whether as end items or components, shall be acquired from domestic sources (as described in the clause at 252.225-7025) [acquire items that are of domestic manufacture] to the maximum extent practicable / [:]

ITEMS

CATEGORIES

   

Ship propulsion shafts

Excludes service and landing craft shafts

Periscope tubes

All

Ring forgings for bull gears

All greater than 120 inches in diameter

225.7102-2 Exceptions.

The policy in 225.7102-1 does not apply to acquisitions-

225.7102-3 Waiver.

Upon request from a prime contractor, the contracting officer may waive the requirement for domestic manufacture of the items covered by the policy [listed] in 225.7102-1.

225.7102-4 Contract clause.

225.7103 Polyacrylonitrile (PAN) carbon fiber.

225.7103-1 Policy.

DoD has imposed restrictions on the acquisition of PAN carbon fiber from foreign sources. DoD is phasing out the restrictions over the 5-year period ending May 31, 2005. Contractors with contracts that contain the clause at 252.225-7022 must[shall] use U.S. or Canadian manufacturers or producers for all PAN carbon fiber requirements.

225.7103-2 Waivers.

Contracting officers may, w[W]ith the approval of the chief of the contracting office, [the contracting officer may] waive, in whole or in part, the requirement of the clause at 252.225-7022. For example, a waiver may be justified if a qualified U.S. or Canadian source cannot meet scheduling requirements.

225.7103-3 Contract clause.

Use the clause at 252.225-7022, Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber, in solicitations and contracts for major systems as follows:

SUBPART 225.72--REPORTING CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES

225.7200 Scope of subpart.

This subpart[-]

[(a)] p[P]rescribes procedures for contractor reporting and DoD monitoring of the volume, type, and nature of contract performance outside the United States, to include subcontracts, purchases, and intracompany transfers.[; and

(b)] It [I]implements 10 U.S.C. 2410g[,] which requires advance notification of contract performance [offerors and contractors to notify DoD of any intention to perform a DoD contract] outside the United States and Canada when the contract could have been [be] performed inside the United States or Canada.

225.7201 Exception.

This subpart does not apply to contracts for commercial items, construction, ores, natural gas, utilities, petroleum products and crudes, timber (logs), or subsistence.

225.7202 Distribution of reports.

The contracting officer shall f[F]orward a copy of reports submitted by successful offerors as required by [in accordance with] the clause at 252.225-7026[04], Reporting of Contract Performance Outside the United States, to the Deputy Director of Defense Procurement [and Acquisition Policy] (Foreign[Program Acquisition and International] Contracting), OUSD(AT&L)DP[AP](F[PAI]C), Washington, DC 20301-3060. This is necessary to satisfy the requirement of 10 U.S.C. 2410g that the notifications (or copies) be maintained in compiled form for five [5] years after the date of submission.

225.7203 [Solicitation provision and] C[c]ontract clause.

Except for acquisitions [described] in 225.7201,[--

SUBPART 225.73--ACQUISITIONS FOR FOREIGN MILITARY SALES

225.7300 Scope of subpart.

225.7301 General.

225.7302 Procedures.

On [For] FMS programs that will require an acquisition, the contracting officer [will] assists the departmental/agency activity responsible for preparing the LOA by-

225.7303 Pricing acquisitions for FMS.

225.7303-1 Contractor sales to other foreign customers.

If the contractor has made sales of the item required for the foreign military sale to foreign customers under comparable conditions, including quantity and delivery, price the FMS contract in accordance with FAR Part 15.

225.7303-2 Cost of doing business with a foreign government or an international organization.

225.7303-3 Government-to-government agreements.

If a government-to-government agreement between the United States and a foreign government for the sale, coproduction, or cooperative logistic support of a specifically defined weapon system, major end item, or support item, contains language in conflict with the provisions of this section, the language of the government-to-government agreement prevails.

225.7303-4 Contingent fees.

225.7303-5 Acquisitions wholly paid for from nonrepayable funds.

225.7304 Source selection.

* * * * *

225.7305 Limitation of liability.

The contracting officer must a[A]dvise the contractor whenever the foreign customer will assume the risk for loss or damage under the appropriate limitation of liability clause(s) (see FAR Subpart 46.8). Consider the costs of necessary insurance, if any, obtained by the contractor to cover the risk of loss or damage in establishing the FMS contract price.

225.7306 Exercise of options for FMS.

Consider changes to cost and profit attributable to pricing differences between U.S. and FMS requirements when exercising an option to satisfy an FMS requirement. Also consider such changes if the option is already identified for FMS, but it is exercised for country B requirements instead of the country A requirements for which it was priced.

225.7307 Offset arrangements.

In accordance with the Presidential policy statement of April 16, 1990, DoD does not encourage, enter into, or commit U.S. firms to FMS offset arrangements. The decision whether to engage in offsets, and the responsibility for negotiating and implementing offset arrangements, resides with the companies involved.

225.7308 Contract clauses.

SUBPART 225.74--ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

225.7400 Scope of subpart.

This subpart pertains to antiterrorism/force protection policy for contracts that require performance or travel outside the United States.

225.7401 General.

Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the following offices:

225.7402 Contract clause.

Use the clause at 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, in solicitations and contracts that require performance or travel outside the United States, except for contracts with-

* * * * *

PART 242-CONTRACT ADMINISTRATION

* * * * *

242.302 Contract administration functions.

* * * * *

(a)(19) Also negotiate and issue contract modifications reducing contract prices in connection with the provisions of paragraph (b) of the clause at FAR 52.225-10, Duty Free Entry.

* * * * *

PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES

* * * * *

252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items.

As prescribed in 212.301(f)(iii), use the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2003 [APR 2003])

(End of clause)

* * * * *

252.225-7000 Buy American Act--Balance of Payments Program Certificate.

As prescribed in 225.1101(1), use the following provision:

BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE
(SEP 1999 [APR 2003])

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program.]

(List only qualifying country end products.)

(End of provision)

252.225-7001 Buy American Act and Balance of Payments Program.

As prescribed in 225.1101(2), use the following clause:

BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (MAR 1998 [APR 2003])

(End of clause)

252.225-7002 Qualifying Country Sources as Subcontractors.

As prescribed in 225.1101(3), use the following clause:

QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS

(DEC 1991 [APR 2003])

(b)] Subject to the restrictions in section 225.872 of the Defense FAR Supplement, the Contractor shall not preclude qualifying country sources and [or] U.S. sources from competing for subcontracts under this contract.

(End of clause)

252.225-7003 Information for Duty-Free Entry Evaluation.

As prescribed in 225.1101(4), use the following provision:

INFORMATION FOR DUTY-FREE ENTRY EVALUATION (MAR 1998)

(End of provision)

ALTERNATE I (MAR 1998).

As prescribed in 225.1101(4), substitute the following paragraph (a) for paragraph (a) of the basic clause:

[252.225-7003 Report of Intended Performance Outside the United States.

As prescribed in 225.7203(a), use the following provision:

REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES (APR 2003)

(1) The offer exceeds $10 million in value; and

(2) The offeror is aware that the offeror or a first-tier subcontractor intends to perform any part of the contract outside the United States and Canada that-

(i) Exceeds $500,000 in value; and

(ii) Could be performed inside the United States or Canada.

(b) Information to be reported includes that for-

(1) DD Form 2139, Report of Contract Performance Outside the United States; or

(2) A computer-generated report that contains all information required by DD Form 2139.

(d) The offeror may obtain a copy of DD Form 2139 from the Contracting Officer.

(End of provision)]

252.225-7004 Reserved. [Reporting of Contract Performance Outside the United States.

As prescribed in 225.7203(b), use the following clause:

REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (APR 2003)

(1) Shall submit reports required by paragraph (a)(1) of this clause to the Contracting Officer as soon as the information is known, with a copy to the addressee in paragraph (c)(2) of this clause. To the maximum extent practicable, the Contractor shall report information regarding a first-tier subcontractor at least 30 days before award of the subcontract;

(3) Shall submit reports using-

(i) DD Form 2139, Report of Contract Performance Outside the United States; or

(ii) A computer-generated report that contains all information required by DD Form 2139; and

(4) May obtain copies of DD Form 2139 from the Contracting Officer.

(End of clause)]

* * * * *

252.225-7008 [Reserved]Supplies to be Accorded Duty-Free Entry.

As prescribed in 225.1101(5), use the following clause:

SUPPLIES TO BE ACCORDED DUTY-FREE ENTRY (MAR 1998)

In accordance with paragraph (b) of the Duty-Free Entry clause of this contract, in addition to duty-free entry for all qualifying country supplies (end products and components) and all eligible end products subject to applicable trade agreements (if this contract contains the Buy American Act--Trade Agreements--Balance of Payments Program clause or the Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program clause), the following foreign end products that are neither qualifying country end products nor eligible end products under a trade agreement, and the following nonqualifying country components, are accorded duty-free entry:

(End of clause)

252.225-7009 [Reserved.]Duty-Free Entry--Qualifying Country Supplies (End Products and Components).

As prescribed in 225.1101(6), use the following clause:

DUTY-FREE ENTRY--QUALIFYING COUNTRY SUPPLIES (END PRODUCTS AND COMPONENTS (AUG 2000)

(End of clause)

252.225-7010 [Reserved.]Duty-Free Entry--Additional Provisions.

As prescribed in 225.1101(7), use the following clause:

DUTY-FREE ENTRY--ADDITIONAL PROVISIONS (AUG 2000)

(End of clause)

252.225-7011 Restriction on Acquisition of Supercomputers.

As prescribed in 225.7023[12]-3, use the following clause:

RESTRICTION ON ACQUISITION OF SUPERCOMPUTERS

(JUL 1995 [APR 2003])

The Contractor agrees that any supercomputers furnished under this contract have been [Supercomputers delivered under this contract shall be] manufactured in the United States.

(End of clause)

* * * * *

[252.225-7013 Duty-Free Entry.

As prescribed in 225.1101(4), use the following clause:

DUTY-FREE ENTRY (APR 2003)

(i) "Designated country end product" or "Caribbean Basin country end product" as defined in the Trade Agreements clause of this contract;

(ii) "NAFTA country end product" as defined in the Trade Agreements clause or the Buy American Act-North American Free Trade Agreement Implementation Act-Balance of Payments Program clause of this contract; or

(iii) "Canadian end product" as defined in Alternate I of the Buy American Act-North American Free Trade Agreement Implementation Act-Balance of Payments Program clause of this contract.

(3) "Qualifying country" and "qualifying country end product" have the meanings given in the Trade Agreements clause, the Buy American Act and Balance of Payments Program clause, or the Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program clause of this contract.

(2) Components (including, without limitation, raw materials and intermediate assemblies) produced or made in qualifying countries, that are to be incorporated in U.S.- made end products to be delivered under this contract; or

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer.

(1) For which no duty is included in the contract price in accordance with paragraph (b) of this clause; and

(2) For which shipping documents bear the notation specified in paragraph (e) of this clause.

(A) Prepare any customs forms required for the entry of foreign supplies into the United States in connection with this contract; and

(B) Submit the completed customs forms to the District Director of Customs, with a copy to DCMA NY for execution of any required duty-free entry certificates.

(ii) Shipments consigned directly to a military installation will be released in accordance with sections 10.101 and 10.102 of the U.S. Customs regulations.

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer;

(1) Insert the substance of this clause, including this paragraph (j), in all subcontracts for-

(i) Qualifying country components; or

(ii) Nonqualifying country components for which the Contractor estimates that duty will exceed $200 per unit;

(2) Require subcontractors to include the number of this contract on all shipping documents submitted to Customs for supplies for which duty-free entry is claimed pursuant to this clause; and

(3) Include in applicable subcontracts-

(i) The name and address of the ACO for this contract;

(ii) The name, address, and activity address number of the contract administration office specified in this contract; and

(iii) The information required by paragraphs (h)(1), (2), and (3) of this clause.

(End of clause)]

252.225-7014 Preference for Domestic Specialty Metals.

As prescribed in 225.7002-3(b)[(1)], use the following clause:

PREFERENCE FOR DOMESTIC SPECIALTY METALS (MAR 1998 [APR 2003])

(End of clause)

ALTERNATE I (MAR 1998 [APR 2003])

As prescribed in 225.7002-3(b)[(2)], substitute the following paragraph (c) for paragraph (c) of the basic clause, and add the following paragraph (d) to the basic clause:

252.225-7015 Preference for Domestic [Restriction on Acquisition of] Hand or Measuring Tools.

As prescribed in 225.7002-3(c), use the following clause:

PREFERENCE FOR DOMESTIC [RESTRICTION ON ACQUISITION OF] HAND OR MEASURING TOOLS (DEC 1991 [APR 2003])

The Contractor agrees to deliver under this contract only h[H]and or measuring tools [delivered under this contract shall be] produced in the United States or its possessions.

(End of clause)

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.

As prescribed in 225.701[0]9-4[(a)], use the following clause:

RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS

(DEC 2000 [APR 2003])

(End of clause)

ALTERNATE I (DEC 2000[APR 2003])

As prescribed in 225.701[0]9-4(b), substitute the following paragraph (c)(1)(ii) for paragraph (c)(1)(ii) of the basic clause:

252.225-7017 Prohibition on Award to Companies Owned by the People's Republic of China[Reserved].

As prescribed in 225.771-5, use the following provision:

PROHIBITION ON AWARD TO COMPANIES OWNED BY THE PEOPLE'S REPUBLIC OF CHINA (FEB 2000)

(End of provision)

252.225-7018 Notice of Prohibition of Certain Contracts with Foreign Entities for the Conduct of Ballistic Missile Defense RDT&E [Research, Development, Test, and Evaluation].

As prescribed in 225.7011-5[7017-4], use the following provision:

NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES FOR THE CONDUCT OF BALLISTIC MISSILE DEFENSE RDT&E [RESEARCH, DEVELOPMENT, TEST, AND EVALUATION]
(JAN 1997 [APR 2003])

(End of provision)

252.225-7019 Restriction on Acquisition of Foreign Anchor and Mooring Chain.

As prescribed in 225.7012[7007]-3, use the following clause:

RESTRICTION ON ACQUISITION OF FOREIGN ANCHOR AND MOORING CHAIN (DEC 1991 [APR 2003])

(End of clause)

252.225-7020 Trade Agreements Certificate.

As prescribed in 225.1101(8[5]), use the following provision:

TRADE AGREEMENTS CERTIFICATE (MAR 1998 [APR 2003])

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will consider only offers of end products that are U.S.-made, qualifying country, designated country, Caribbean Basin country, or NAFTA country end products, unless the Government determines that-

(i) There are no offers of such end products;

(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or

(iii) A national interest exception to the Trade Agreements Act applies.]

(End of provision)

252.225-7021 Trade Agreements.

As prescribed in 225.1101(9[6]), use the following clause:

TRADE AGREEMENTS (OCT 2002 [APR 2003])

(End of clause)

252.225-7022 Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber.

As prescribed in 225.7103-3, use the following clause:

RESTRICTION ON ACQUISITION OF POLYACRYLONITRILE (PAN)
CARBON FIBER (JUN 1997[APR 2003])

(End of clause)

252.225-7023 Restriction on Acquisition of Vessel Propellers.

As prescribed in 225.702[1]0-4, use the following clause:

RESTRICTION ON ACQUISITION OF VESSEL PROPELLERS (DEC 2000)

(End of clause)

252.225-7024 [Reserved] Restriction on Acquisition of Night Vision Image Intensifier Tubes and Devices.

As prescribed in 225.7015-3, use the following clause:

RESTRICTION ON ACQUISITION OF NIGHT VISION IMAGE INTENSIFIER TUBES AND DEVICES (DEC 1991)

All second and third generation night vision image intensifier tubes and devices provided under this contract shall be manufactured in the United States or Canada.

(End of clause)

252.225-7025 Restriction on Acquisition of Forgings.

As prescribed in 225.7102-4, use the following clause:

RESTRICTION ON ACQUISITION OF FORGINGS (JUN 1997[APR 2003])

(End of clause)

252.225-7026 [Reserved] Reporting of Contract Performance Outside the United States.

As prescribed in 225.7203, use the following clause:

REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES

(JUN 2000)

(End of clause)

252.225-7027 Restriction on Contingent Fees for Foreign Military Sales.

As prescribed in 225.7308(a), use the following clause. Insert in paragraph (b)(1) of the clause the name(s) of any foreign country customer(s) listed in 225.7303-4(b).

RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES

(MAR 1998)

(End of clause)

[RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES

(APR 2003)

(1) A bona fide employee of the Contractor; or

(End of clause)]

252.225-7028 Exclusionary Policies and Practices of Foreign Governments.

As prescribed in 225.7308(b), use the following clause:

EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS

(DEC 1991[APR 2003])

No person, partnership, corporation, or other entity performing functions pursuant to this contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based on race, religion, national origin, or sex.

[The Contractor and its subcontractors shall not take into account the exclusionary policies or practices of any foreign government in employing or assigning personnel, if-

(a) The personnel will perform functions required by this contract, either in the United States or abroad; and

(b) The exclusionary policies or practices of the foreign government are based on race, religion, national origin, or sex.]

(End of clause)

252.225-7029 [Reserved] Preference for United States or Canadian Air Circuit Breakers.

As prescribed in 225.7016-4, use the following clause:

PREFERENCE FOR UNITED STATES OR CANADIAN AIR CIRCUIT BREAKERS (AUG 1998)

(End of clause)

252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate.

As prescribed in 225.7017-4, use the following clause:

RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR

STEEL PLATE (OCT 1992)

The Contractor agrees that all carbon, alloy, and armor steel plate in Federal supply class 9515, or described by American Society for Testing Materials (ASTM) or American Iron and Steel Institute (AISI) specifications, furnished as a deliverable under this contract, or purchased by the contractor as a raw material, for use in a Government-owned facility or a facility under the control of the Department of Defense, shall be melted and rolled in the United States or Canada.

[As prescribed in 225.7011-3, use the following clause:

RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR

STEEL PLATE (APR 2003)

Carbon, alloy, and armor steel plate shall be melted and rolled in the United States or Canada if the carbon, alloy, or armor steel plate-

(a) Is in Federal Supply Class 9515 or is described by specifications of the American Society for Testing Materials or the American Iron and Steel Institute; and

(b) Will be delivered to the Government or will be purchased by the Contractor as a raw material for use in a Government-owned facility or a facility under the control of the Department of Defense.]

(End of clause)

252.225-7031 Secondary Arab Boycott of Israel.

As prescribed in 225.770-5, use the following clause:

SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)

[As prescribed in 225.1103(2), use the following provision:

SECONDARY ARAB BOYCOTT OF ISRAEL (APR 2003)

(i) Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person);

(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and

252.225-7032 Waiver of United Kingdom Levies[--Evaluation of Offers].

As prescribed in 225.873-3, use the following clause:

WAIVER OF UNITED KINGDOM LEVIES (OCT 1992)

$1 million with a U.K. firm is anticipated.

(End of clause)

[As prescribed in 225.1101(7), use the following provision:

WAIVER OF UNITED KINGDOM LEVIES - EVALUATION OF OFFERS

(APR 2003)

(End of provision)]

252.225-7033 Restriction on Acquisition of Four Ton Dolly Jacks.

As prescribed in 225.7018-3, use the following clause:

RESTRICTION ON ACQUISITION OF FOUR TON DOLLY JACKS (APR 1993)

Four ton dolly jacks delivered under this contract shall be manufactured in the United States unless a waiver is granted in accordance with subsection 225.7018-2 of the Defense Federal Acquisition Regulation Supplement.

(End of clause)

[252.225-7033 Waiver of United Kingdom Levies.

As prescribed in 225.1101(8), use the following clause:

WAIVER OF UNITED KINGDOM LEVIES (APR 2003)

(a) The U.S. Government may attempt to obtain a waiver of any commercial exploitation levies included in the price of this contract, pursuant to the U.S./United Kingdom (U.K.) reciprocal waiver agreement of July 1987. If the U.K. grants a waiver of levies included in the price of this contract, the U.S. Government reserves the right to reduce the contract price by the amount of the levy waived plus associated indirect costs and profit or fee.

$1 million to a U.K. firm, the Contractor shall provide the following information to the Contracting Officer before award of the subcontract:

(End of clause)]

252.225-7034 Reserved.

252.225-7035 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate.

As prescribed in 225.1101(10), use the following provision:

BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (MAR 1998)

(End of provision)

ALTERNATE I (MAR 1998)

As prescribed in 225.1101(12)(ii), substitute the phrase "Canadian end product" for the phrase "NAFTA country end product" in paragraph (a); and substitute the phrase "Canadian end products" for the phrase "NAFTA country end products" in paragraphs (b) and (c)(2)(ii) of the basic clause.

[252.225-7035 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate.

As prescribed in 225.1101(9), use the following provision:

BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (APR 2003)

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to the North American Free Trade Agreement Implementation Act, will evaluate offers of qualifying country end products or NAFTA country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program.

(insert line item number) (insert country of origin)

(insert line item number) (insert country of origin)

(insert line item number) (insert country of origin (if known)

(End of provision)

ALTERNATE I (APR 2003)

As prescribed in 225.1101(9), substitute the phrase "Canadian end product" for the phrase "NAFTA country end product" in paragraph (a) of the basic provision; and substitute the phrase "Canadian end products" for the phrase "NAFTA country end products" in paragraphs (b) and (c)(2)(ii) of the basic provision.]

252.225-7036 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program.

As prescribed in 225.1101(11), use the following clause:

BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT--BALANCE OF PAYMENTS PROGRAM

(MAR 1998)

(End of clause)

ALTERNATE I (SEP 1999)

As prescribed in 225.1101(11)(i)(B), substitute the following paragraphs (a)(6), (c), and (d) for paragraphs (a)(6), (c), and (d) of the basic clause:

[252.225-7036 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program.

As prescribed in 225.1101(10)(i), use the following clause:

BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT--BALANCE OF PAYMENTS PROGRAM

(APR 2003)

(End of clause)

ALTERNATE I (APR 2003)

As prescribed in 225.1101(10)(i)(B), substitute the following paragraphs (a)(6) and (c) for paragraphs (a)(6) and (c) of the basic clause:

252.225-7037 Duty-Free Entry--Eligible End Products.

As prescribed in 225.1101(12), use the following clause:

DUTY-FREE ENTRY--ELIGIBLE END PRODUCTS (AUG 2000)

North American Free Trade Agreement Implementation Act--Balance of Payments Program clause of this contract.

(End of clause)

[252.225-7037 Evaluation of Offers for Air Circuit Breakers.

As prescribed in 225.7006-4(a), use the following provision:

EVALUATION OF OFFERS FOR AIR CIRCUIT BREAKERS (APR 2003)

(b) The Contracting Officer will evaluate offers by adding a factor of 50 percent to the offered price of air circuit breakers that are not manufactured in the United States, Canada, or the United Kingdom.

(End of provision)

252.225-7038 Restriction on Acquisition of Air Circuit Breakers.

As prescribed in 225.7006-4(b), use the following clause:

RESTRICTION ON ACQUISITION OF AIR CIRCUIT BREAKERS (APR 2003)

Unless otherwise specified in its offer, the Contractor shall deliver under this contract air circuit breakers manufactured in the United States, Canada, or the United Kingdom.

(End of clause)]

252.225-7038 Restriction on Acquisition of Aircraft Fuel Cells.

As prescribed in 225.7021-3, use the following clause:

RESTRICTION ON ACQUISITION OF AIRCRAFT FUEL CELLS (MAR 1994)

The Contractor agrees that all aircraft fuel cells furnished under this contract have been produced or manufactured in the United States by a domestic-operated entity.

(End of clause)

252.225-7039 Restriction on Acquisition of Totally Enclosed Lifeboat Survival Systems.

As prescribed in 225.7022-4, use the following clause:

RESTRICTION ON ACQUISITION OF TOTALLY ENCLOSED LIFEBOAT SURVIVAL SYSTEMS (APR 1996)

For totally enclosed lifeboat survival systems furnished under this contract, which consist of lifeboat and associated davits and winches, the Contractor agrees that-

(End of clause)

[252.225-7039 Restriction on Acquisition of Totally Enclosed Lifeboat Survival Systems.

As prescribed in 225.7008-4, use the following clause:

RESTRICTION ON ACQUISITION OF TOTALLY ENCLOSED LIFEBOAT SURVIVAL SYSTEMS (APR 2003)

The Contractor shall deliver under this contract totally enclosed lifeboat survival systems (consisting of the lifeboat and associated davits and winches), for which-

(End of clause)]

252.225-7040 Reserved.

252.225-7041 Correspondence in English.

As prescribed in 225.1103(2[3]), use the following clause:

CORRESPONDENCE IN ENGLISH (June 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

(End of clause)

252.225-7042 Authorization to Perform.

As prescribed in 225.1103(3[4]), use the following clause[provision]:

AUTHORIZATION TO PERFORM (JUN 1997[APR 2003])

The Contractor represents that it has been duly authorized to operate and to do business in the country or countries in which this contract is to be performed. The Contractor also represents that it will fully comply with all laws, decrees, labor standards, and regulations of such country or countries, during the performance of this contract.

(End of clause)

[The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the contract is to be performed.

(End of provision)]

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States

As prescribed in 225.7402, use the following clause:

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 1998)

(End of clause)

* * * * *