(Revised as of 24 January 2020)
AFARS - PART 5125 Foreign Acquisition
Subpart 5125.1 - Buy American - Supplies
5125.105 Determining reasonableness of cost.
Subpart 5125.2 - Buy American - Construction Materials
5125.204 Evaluating offers of foreign construction material.
Subpart 5125.4- Trade Agreements
5125.403 World Trade Organization government procurement agreement and free trade agreements.
Subpart 5125.8 - Other International Agreements and Coordination
5125.870 Contracting with Canadian contractors.
5125.870-4 Contracting procedures.
5125.871 North Atlantic Treaty Organization (NATO) cooperative projects.
5125.871-7 Congressional notification.
Subpart 5125.9 - Customs and Duties
Subpart 5125.10 - Additional Foreign Acquisition Regulations
5125.1001 Waiver of right to examination of records.
5125.7000-90 Applicability to utilize a non-Army contracting activity.
5125.7002 Restrictions on food, clothing, fabrics, and hand or measuring tools.
5125.7003 Restrictions on acquisition of specialty metals.
5125.7008 Waiver of restrictions of 10 U.S.C. 2534.
Subpart 5125.73 - Acquisitions for Foreign Military Sales
5125.7301-1 Requirement to use firm-fixed-price contracts.
Subpart 5125.77 - Acquisitions in Support of Operations in Afghanistan
5125.7703 Enhanced authority to acquire products or services from Afghanistan.
(a)(ii)(B)(1) The position one level above the contracting officer, without further delegation, shall make the determination at DFARS 225.103(a)(ii)(B)(1).
(2) The head of the contracting activity shall make the determination at DFARS 225.103(a)(ii)(B)(2). See Appendix GG for further delegation.
(3) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall make the determination at DFARS 225.103(a)(ii)(B)(3). See Appendix GG for further delegation.
(b)(ii)(A) The position one level above the contracting officer, without further delegation, may make the determination at DFARS 225.103(b)(ii)(A).
(B) The chief of the contracting office, without further delegation, may make the determination at DFARS 225.103(b)(ii)(B).
(C) The head of the contracting activity may make the determination at DFARS 225.103(b)(ii)(C). See Appendix GG for further delegation.
(a)(1) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall make the determination as described at FAR 25.105(a)(1). See Appendix GG for further delegation.
(a)(1) Impracticable or inconsistent with public interest. The Assistant Secretary of the Army (Acquisition, Logistics and Technology) has delegated to the Deputy Assistant Secretary of the Army (Procurement) and the Head of the Contracting Activity (HCA), United States Army Corps of Engineers (USACE), without power to delegate further, authority to determine that the use of a particular domestic construction material is impracticable. Determinations that application of the act would be inconsistent with the public interest are reserved for the Assistant Secretary of the Army (Acquisition, Logistics and Technology). See Appendix GG.
(2) Nonavailability. For other materials, a nonavailability determination shall be approved at the levels specified in AFARS 5125.103(b)(ii).
(b) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) has the authority to specify a higher percentage to the offered price as described in FAR 25.204(b). See Appendix GG for further delegation.
(c)(ii)(A) The head of the contracting activity may approve the waiver as stated in DFARS 225.403(c)(ii)(A). See Appendix GG for further delegation.
(a)(1)(i) The head of the contracting activity may make the determination as described in FAR 25.603(a)(1)(i). See Appendix GG for further delegation.
(iii) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall make the determination as described in FAR 25.603(a)(1)(iii). See Appendix GG for further delegation.
(a)(2) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall make the determination as described in FAR 25.603(a)(2). See Appendix GG for further delegation.
(c)(2)(ii) The head of the contracting activity shall make the determination at DFARS 225.870-4(c)(2)(ii). See Appendix GG for further delegation.
(5) The head of the contracting activity shall make the determination at DFARS 225.870-4(c)(5). See Appendix GG for further delegation.
(a) Send the notification at least 30 days prior to award directly to the following address:
Deputy Assistant Secretary of the Army for Defense Exports and Cooperation
Attn: SAAL-ZN
2530 Crystal Drive, Suite 11104
Arlington, VA 22202.
(b) See paragraph (a) in this section.
(b)(ii) The procuring contracting officer must execute duty-free entry certificates when no administrative contracting officer is assigned.
(a)(2)(iii) The Assistant Secretary of the Army (Acquisition, Logistics and Technology), on a nondelegable basis, shall execute the determination and findings as set forth in FAR 25.1001(a)(2)(iii).
Army program executive offices, program management offices and other requiring activities that utilize a non-Army contracting activity to fulfill a requirement for a covered item are responsible for ensuring compliance with DFARS PGI 225.70.
(b)(1)(ii)(1) The Secretary of the Army, on a nondelegable basis, is responsible for approving all domestic nonavailability determinations under 10 U.S.C. 2533a (Berry Amendment). (See DFARS 225.7002-2(b)(1)). The contracting officer shall not release the solicitation until the Secretary approves the determination.
(2) Submit all requests for an exception under this provision through procurement channels to the Deputy Assistant Secretary of the Army (Procurement) at the address located in 5101.290(b)(2)(ii)(C). Submit requests no later than 60 business days prior to the planned release of the solicitation. All requests shall fully explain why the item(s) in question cannot be procured as and when needed in a satisfactory quality and sufficient quantity at U.S. market prices. The request shall include information on whether item(s) in question are managed by the Defense Logistics Agency (DLA) and written confirmation from the DLA that said item(s) are not available from the DLA in the time needed to meet Army requirements. In addition, all requests shall include a written certification signed by the General Officer/Senior Executive Service-level head of the requiring activity that addresses, with specificity, why alternatives that would not require an exception from the Berry Amendment are unacceptable.
(b)(5)(i)(l) The Secretary of the Army, on a nondelegable basis, is responsible for approving all domestic nonavailability determinations under 10 U.S.C. 2533b that apply to only one contract. (See DFARS 225.7003-3(b)(5)(i).) The Under Secretary of Defense (Acquisition, Technology and Logistics) (USD(AT&L)), on a nondelegable basis, is responsible for approving determinations that apply to more than one contract, see DFARS 225.7003-3(b)(5)(ii). The USD(AT&L), on a nondelegable basis, is responsible for approving national security waivers under DFARS 225.7003-3(d). In all cases, the contracting officer shall not release the solicitation until the Secretary approves the determination.
(2) Follow the procedures at 5125.7002-2 when submitting a request for an exception to restrictions on acquisition of specialty metals.
(d)(2) The Army acquisition executive, on a non-delegable basis, may make the determination as described in DFARS 225.7003-4(d).
(a)(2) The head of the contracting activity may waive a restriction as stated in DFARS 225.7008(a)(2). See Appendix GG for further delegation.
(b) The chief of the contracting office shall waive the requirement as described in DFARS 225.7301-1(a). See Appendix GG.
(b)(2)(i) The head of the contracting activity is authorized to make the determination at DFARS 225.7703-2(b)(2)(i). See Appendix GG for further delegation.