MP5325 - Foreign Acquisitions
(a) When a determination of nonavailability is required by FAR 25.103 and DFARS 225.103(b)(i), the contracting officer must prepare a request for nonavailability determination and process for approval in accordance with DFARS 225.103(b)(ii). For acquisitions at or above $1.5M, see MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix. Each request should identify the proposed acquisition by applicable purchase request or contract number and include:
(1) A description of the articles intended to be acquired, manufacturer's name and address, model number, and specific information pertaining to special features, performance, versatility, etc.;
(2) A statement of the efforts made to secure either the article required or suitable substitutes from domestic sources. List all domestic sources contacted or provide reasons why domestic sources were not contacted. Additionally, list reasons, if known, why domestic sources contacted could not or would not furnish required articles or suitable substitutes;
(3) The name and address of the proposed source (if other than the manufacturer, state reason(s) why direct purchase or purchase through an overseas contract activity is not feasible);
(4) The reason why purchase of foreign material or from a foreign source is necessary. Identify and explain the specific portion of the mission or requirement, which is of such magnitude as to override consideration to procure a domestic source end product;
(5) A description of the end use of item to be purchased and a brief description of the special function to be accomplished, such as performance of special tests or research work;
(6) The identity of the purchaser;
(7) The citation of the applicable appropriation;
(8) When the proposed purchaser of the articles intended to be acquired is not a Government agency but is an Air Force contractor, provide the contract number, the contract type, and indicate what the disposition of the articles will be at contract completion.;
(9) Whether or not payment is intended to be made before delivery is accomplished; and
(10) The estimated foreign, domestic, and total cost of the proposed acquisition.
(b) In the case of inter-command acquisitions, compliance with the Buy American Statute and Balance of Payments evaluation procedures (DFARS 225.5) is the responsibility of the contracting command, except when the requiring command specifies a foreign end product, in which case, the determination is the responsibility of the requiring command.
(c) When overseas contracting support is needed, CONUS contracting activities should contact the following:
(1) In Japan (excluding Okinawa):
APO AP 96328-5228
(2) In Okinawa:
APO AP 96368-5199
(3) In Europe:
APO AE 09094-3103
(d) CONUS contracting activities requesting contracting support should provide, as a minimum, the information specified below to the appropriate overseas contracting activity. Contracting activities will treat all requests for contracting support on a priority basis. The requesting activity will provide:
(1) A purchase request with description of the requirement including definitive specifications free of any defects that would otherwise preclude immediate contracting action;
(2) Instructions for packaging, packing, and preservation, and special instructions dictated by the nature of the commodity to be purchased, if necessary;
(3) An executed Buy American Statute Determination (DFARS 225.103(b)(i)) if the item is not exempted;
(4) A specification or purchase description suitable for obtaining full and open competition, or necessary information, certified as complete and accurate in accordance with FAR 6.303 to support any recommendation for use of other than full and open competition;
(5) The obligation authority;
(6) The mailing address and telephone number of a single point of contact;
(7) Transportation, routing, or shipping instructions. If the foreign contractor will be required to ship requirements to multiple CONUS-based consignees, detailed shipping instructions concerning each consignee will be provided to the overseas procuring activity; and
(8) Any special distribution requirements for the contractual documents required beyond the normal distribution.
(e) Overseas contracting activities providing courtesy contracting support to CONUS-based requiring activities will, after determining all submitted documentation to be adequate, proceed with the acquisition using the certificate of conformance when appropriate. The AFO supporting the overseas contracting activity should make payments on all transactions. The CONUS requiring base should respond expeditiously to any requests of the overseas contracting activity.
MP5325.7002-2 - Exceptions
1. Domestic Non-Availability Determinations (DNAD) Under DFARS 225.7002
Follow these mandatory procedures when requesting approval to purchase restricted items under DFARS 225.7002; for example, food, clothing, tents, tarpaulins, covers, cotton and hand or measuring tools. The requirement to comply with these statutory and regulatory restrictions applies to procurements in excess of the simplified acquisition threshold. This MP provides assistance in determining the applicability of restrictions when drafting a DNAD. A DNAD must be tailored to your acquisition. In some cases it may not be possible to obtain all of the data specified in the DNAD template ; however, contracting officers should make every effort to do so. See DFARS 225.7002 for the entire list.
2. DNAD Exception
a. Individual DNADs
When a contractor asserts that a domestic item identified at DFARS 225.7002-1 is not available, a DNAD is required; the DNAD must be coordinated through the SCO and SAF/AQC before submission to the Secretary of the Air Force (SecAF) for approval. The SecAF may grant a DNAD if compliant items, identified at DFARS 225.7002-1, of satisfactory quality and sufficient quantity, and in the required form, cannot be procured at U.S. market prices as and when needed. This approval authority is not delegable. This exception should not be read to require that the compliant material/item must be totally unavailable (i.e., cannot be obtained at any cost). There is some cost limit that should be recognizable by a contracting officer, and that a reasonable person would agree, makes the material/item effectively “unavailable.”
b. Class DNADs
Contracting officers may continue to use OUSD (AT&L) approved class DNADs that cover food, clothing, fabrics, and hand or measuring tools for new contracts if the DNAD was signed by the Undersecretary of Defense (OUSD) (AT&L) or by a Service Secretary. The OUSD (AT&L) DNADs currently available for reciprocal use are posted on the DCMA website . If a class DNAD is used, the contracting officer must prepare a Determination and Finding (D&F) approved by the SCO. This approval may not be further delegated. The contracting officer must obtain legal review to support the determination.
MP5325.7003-3 - Exceptions
1. Domestic Non-Availability Determinations (DNAD) Under DFARS 225.7003
Follow these mandatory procedures (MP) when requesting approval to purchase restricted specialty metals under DFARS 225.7003. The requirement to comply with these statutory and regulatory restrictions applies to procurements in excess of the simplified acquisition threshold. This MP provides guidance for drafting DNAD and Commercial Derivative Military Article (CDMA) Determination and Finding (D&F) documents. The DNAD or CDMA D&Fs should be tailored to the particular acquisition. In some cases, the contracting officer may not be able to obtain all of the data specified in the templates referenced below; however, the contracting officer should make every effort to do so.
2. Applicability of Commercial Derivative Military Articles (CDMA) to Specialty Metals
When a program office concludes that an item to be delivered under a prime contract is a commercial derivative military article (as defined at DFARS 252.225-7009) and the prime contractor provides the certification required at DFARS 252.225-7010, the contracting officer must prepare a CDMA D&F and coordinate the effort through the SCO and SAF/AQC for submission to the Secretary of the Air Force (SecAF) for approval. This approval authority is not delegable.
3. DNAD Exception
When a program office concludes that domestically melted or produced specialty metal cannot be procured (as described in DFARS 225.7003-3(b)(5)) to support the production of a particular end item or component, the contracting officer must prepare a DNAD D&F for specialty metals. The contracting officer must coordinate the effort through the SCO and SAF/AQC for submission to the SecAF for approval. The SecAF may grant a DNAD for an individual contract if a compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed at a fair and reasonable price. This approval authority is not delegable. A Class DNAD requires the approval of the USD(AT&L).