PART 5325 - Foreign Acquisition

AFFARS PART 5325 Knowledge Center

2019 Edition

Revised: 26 Jul 21

      SUBPART 5325.1 — BUY AMERICAN - SUPPLIES

           5325.103 Exceptions

      SUBPART 5325.2 — BUY AMERICAN – CONSTRUCTION MATERIALS

           5325.202 Exceptions

           5325.204 Evaluation Offers of Foreign Construction Material

      SUBPART 5325.4 — TRADE AGREEMENTS

           5325.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements

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

           5325.603 Exceptions

      SUBPART 5325.10 — ADDITIONAL FOREIGN ACQUISITION REGULATIONS

           5325.1001 Waiver of Right to Examination of Records

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

           5325.7002-2 Exceptions

           5325.7003-3 Exceptions

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

      SUBPART 5325.73 — ACQUISITIONS FOR FOREIGN MILITARY SALES

           5325.7301-2 Solicitation Approval for Sole Source Contracts

      SUBPART 5325.75 — BALANCE OF PAYMENTS PROGRAM

           5325.7501 Policy

      SUBPART 5325.77 — ACQUISITIONS IN SUPPORT OF OPERATIONS IN AFGHANISTAN

           5325.7703-2 Determination requirements.

SUBPART 5325.2 — BUY AMERICAN – CONSTRUCTION MATERIALS

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

5325.603 Exceptions

(a)(1)(i) Nonavailability. See MP5301.601 (a)(i) Head of the Contracting Activity (HCA) Matrix.

(a)(1)(iii) See MP5301.601-90. For ACAT I Programs, submit determinations through the SCO to SAF/AQC for SAF/AQ approval. For non-ACAT I programs, submit determinations through the SCO to SAF/AQC for approval.

(a)(2) See MP5301.601-90. For ACAT I Programs, submit determinations through the SCO to SAF/AQC for SAF/AQ approval. For approval for non-ACAT I programs, submit determinations through the SCO to SAF/AQC for approval.

(b)(2) See MP5301.601-90. Submit determinations through the SCO to SAF/AQC for approval.

SUBPART 5325.10 — ADDITIONAL FOREIGN ACQUISITION REGULATIONS

5325.1001 Waiver of Right to Examination of Records

(a)(2)(iii) See MP5301.601-90. Submit D&Fs following the format at FAR 25.1001(b), through the SCO to SAF/AQC for approval.

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 SCO to SAF/AQC for approval by the Secretary of the Air Force (nondelegable). See MP5325.7002-2 - Exceptions.

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 SCO 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 SCO to SAF/AQC for approval by the Secretary of the Air Force (nondelegable). See MP5325.7003-3 - Exceptions .

SUBPART 5325.73 — ACQUISITIONS FOR FOREIGN MILITARY SALES

5325.7301-2 Solicitation Approval for Sole Source Contracts

Submit the solicitation to SAF/AQC . SAF/AQC will coordinate with the Principal Director, Defense Pricing and Contracting.