Mandatory Procedure

Table of Contents

MP5325 -  ForeignAcquisitions

[2019 Edition]

MP5325.103 Exceptions

(a) When a determination ofnonavailability is required by FAR 25.103 and DFARS 225.103(b)(i),the contracting officer must prepare a request for nonavailabilitydetermination and process for approval in accordance with DFARS225.103(b)(ii). For acquisitions at or above $1.5M, seeMP5301.601(a)(i). Each request should identify the proposed acquisition by applicablepurchase request or contract number and include:

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

(2) A statement of the efforts made to secureeither the article required or suitable substitutes from domesticsources. List all domestic sources contacted or provide reasons whydomestic sources were not contacted. Additionally, list reasons, ifknown, why domestic sources contacted could not or would not furnishrequired articles or suitable substitutes;

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

(4) The reason why purchase of foreign materialor from a foreign source is necessary. Identify and explain thespecific portion of the mission or requirement, which is of suchmagnitude as to override consideration to procure a domestic sourceend product;

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

(6) The identity of the purchaser;

(7) The citation of the applicableappropriation;

(8) When the proposed purchaser of the articlesintended to be acquired is not a Government agency but is an AirForce contractor, provide the contract number, the contract type, andindicate what the disposition of the articles will be at contractcompletion.;

(9) Whether or not payment is intended to bemade before delivery is accomplished; and

(10) The estimated foreign, domestic, and totalcost of the proposed acquisition.

(b) In the case of inter-commandacquisitions, compliance with the Buy American Statute and Balance ofPayments evaluation procedures (DFARS 225.5) is the responsibility ofthe contracting command, except when the requiring command specifiesa foreign end product, in which case, the determination is theresponsibility of the requiring command.

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

(1) In Japan (excluding Okinawa):

374CONS/CC

Unit5228

APOAP 96328-5228

DSN315-225-7099

(2) In Okinawa:

18CONS/CC

Unit5199

APOAP 96368-5199

DSN315-634-1828

(3) In Europe:

AFICA/KU(OLAFE)

Unit3103

APOAE 09094-3103

DSN314-480-5910

(d) CONUS contracting activitiesrequesting contracting support should provide, as a minimum, theinformation specified below to the appropriate overseas contractingactivity. Contracting activities will treat all requests forcontracting support on a priority basis. The requesting activitywill provide:

(1) A purchase request with description of therequirement including definitive specifications free of any defectsthat would otherwise preclude immediate contracting action;

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

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

(4) A specification or purchase descriptionsuitable for obtaining full and open competition, or necessaryinformation, certified as complete and accurate in accordance withFAR 6.303 to support any recommendation for use of other than fulland open competition;

(5) The obligation authority;

(6) The mailing address and telephone number ofa single point of contact;

(7) Transportation, routing, or shippinginstructions. If the foreign contractor will be required to shiprequirements to multiple CONUS-based consignees, detailed shippinginstructions concerning each consignee will be provided to theoverseas procuring activity; and

(8) Any special distribution requirements forthe contractual documents required beyond the normal distribution.

(e) Overseas contracting activitiesproviding courtesy contracting support to CONUS-based requiringactivities will, after determining all submitted documentation to beadequate, proceed with the acquisition using the certificate ofconformance when appropriate. The AFO supporting the overseascontracting activity should make payments on all transactions. TheCONUS requiring base should respond expeditiously to any requests ofthe overseas contracting activity.