AFFARS PART 5325 - Foreign Acquisition

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PART 5325 -
Foreign Acquisition

[ Revised January 27, 2017 ]

SUBPART 5325.1 — BUY AMERICAN ACT - SUPPLIES

5325.103 Exceptions

(b) Follow MP5325 when a determination of non-availability is required by FAR 25.103 and DFARS 225.103. See MP5301.601(a)(i).

SUBPART 5325.2 — BUY AMERICAN ACT – CONSTRUCTION MATERIALS

5325.202 Exceptions

(a)(2) Nonavailability. See MP5301.601(a)(i).

SUBPART 5325.4 — TRADE AGREEMENTS

5325.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements

(c)(ii)(A) See MP5301.601(a)(i).

SUBPART 5325.6 — AMERICAN RECOVERY AND REINVESTMENT ACT - BUY AMERICAN ACT - CONSTRUCTION MATERIALS

5325.603 Exceptions

(a)(1)(i) Nonavailability. See MP5301.601(a)(i).

SUBPART 5325.10 — ADDITIONAL FOREIGN ACQUISITION REGULATIONS

5325.1001 Waiver of Right to Examination of Records

(a)(2)(iii) Conditions for use of FAR 52.215-2, Alternate III. Submit requests for agency head determinations following the format at FAR 25.1001(b), through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC.

SUBPART 5325.70 — AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN ACQUISITION


5325.7002-2 Exceptions

(b)(1)(iv) When the Contracting Officer determines through market research, that an article or suitable substitute is not available from a domestic source, the Contracting Officer must submit a Domestic Non-availability Determination (DNAD). The DNAD must be submitted through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval by the Secretary of the Air Force (nondelegable).

5325.7003-3 Exceptions

(b) When the Contracting Officer determines, through market research, that a specialty metal melted or produced in the United States or its possessions cannot be procured in satisfactory quality and sufficient quantity, and in the required form, as and when needed, submit a DNAD. The DNAD must be submitted through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval by the Secretary of the Air Force (nondelegable).

(c) When a contractor or offeror submits a “Commercial Derivative Military Article-Specialty Metals Compliance Certificate” (DFARS 252.225-7010) for streamlined compliance for Commercial Derivative Military Articles (CDMA), the Secretary of the Air Force must determine that the item is a CDMA as defined at DFARS 252.225-7009 before using the rules for streamlined compliance for CDMA. The contracting officer must follow the procedures in DFARS 225.7003-3 and submit the CDMA D&F through the MAJCOM/DRU/AFRCO SCO (or for AFLCMC and SMC, the SCCO) to SAF/AQC for approval by the Secretary of the Air Force (nondelegable).

5325.7008 Waiver of Restrictions of 10 U.S.C. 2534

(a)(2) See MP5301.601(a)(i).

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