# AFARS PART 5125

- 5125.000 -- Waivers.

- Subpart 5125.2 -- Buy American Act -- Construction Materials

- 5125.202 -- Exceptions.

- Subpart 5125.8 – Other International Agreements and Coordination

- 5125.871 -- North Atlantic Treaty Organization (NATO) Cooperative Projects.

- 5125.871-7 -- Congressional notification.

- 5125.890 -- Disclosure of information and visits and accreditation of foreign representatives.

- Subpart 5125.9 -- Customs and Duties

- 5125.903 -- Exempted supplies.

- Subpart 5125.70 -- Authorization Acts, Appropriations Acts, and Other Statutory Restrictions on Foreign Acquisitions

- 5125.7002 -- Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.

- 5125.7002-2 -- Exceptions.

- Subpart 5125.75 -- Balance of Payments Program

- 5125.7500 – Scope of subpart.

AFARS -- Part 5125
Foreign Acquisition

5125.000 -- Waivers.

All approvals, exceptions, and waivers from the requirements of FAR Part 25 or DFARS Part 225 must be documented in a determination and findings (D&F). An example is shown in 5153.9003. See also 5101.707.

Subpart 5125.2 -- Buy American Act -- Construction Materials

5125.202 -- Exceptions.

(a) (1) The Assistant Secretary of the Army (Acquisition, Logistics and Technology (ASA(ALT)) has delegated to the Deputy Assistant Secretary of the Army (Procurement (DASA(P)) and the Head of the Contracting Activity (HCA), United States Army Corps of Engineers (USACE), authority to determine that the use of a particular domestic construction material is impracticable.

(2) The ASA(ALT) has delegated to the DASA(P) and the HCA, USACE, authority to make agency head determinations that the construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. The delegation to the HCA, USACE, is non-delegable.

[AFARS Revision #21, dated May 22, 2007]

Subpart 5125.8 – Other International Agreements and Coordination

5125.871 -- North Atlantic Treaty Organization (NATO) Cooperative Projects.

5125.871-7 -- Congressional notification.

(a) Send the notification at least 30 days prior to award directly to the Deputy Assistant Secretary of the Army for Defense Exports and Cooperation (DASA (DE&C)), ATTN: SAAL-NI, 1777 N. Kent St., Arlington, VA 22209. [AFARS Revision #21, dated May 22, 2007]

(b) See 5125.871-7(a).

5125.890 -- Disclosure of information and visits and accreditation of foreign representatives.

(a) All visits by foreign representatives to organizations, agencies, activities, installations, and facilities over which the Army exercises administrative control or security cognizance and to commercial firms performing work under contract to the Army must be cleared in accordance with the Department of Defense (DoD) 5220.22-R and Army Regulation (AR) 380-10.

(b) AR 380-10 prescribes procedures for accreditation of foreign personnel. See AR 70-66 for release of classified military information to foreign representatives. Classified military information that may not otherwise be released may be released if the release is approved in writing by the Deputy Chief of Staff for Intelligence, Department of the Army (G2).

Subpart 5125.9 -- Customs and Duties

5125.903 -- Exempted supplies.

(b) When no administrative contracting officer has been assigned, the contracting officer must execute duty-free entry certificates. [AFARS Revision #21, dated May 22, 2007]

Subpart 5125.70 -- Authorization Acts, Appropriations Acts, and Other Statutory Restrictions on Foreign Acquisitions

5125.7002 -- Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.

5125.7002-2 -- Exceptions.

(b) (1) (i) All determinations to waive the Berry Amendment (10 U.S.C. 2533a) require prior approval by the Secretary of the Army. The authority to make such determinations may not be redelegated.

(ii) All requests for waiver under the Berry Amendment shall be submitted through procurement channels to the Deputy Assistant Secretary of the Army (Procurement), (DASA (P)), Attn: SAAL-PP. Requests shall be submitted so as to be received by the DASA (P) 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 a waiver under the Berry Amendment are unacceptable.

(2) See 5153.9003 for a Sample Memorandum for Waiver of the Berry Amendment.

(5) (A) Army contracting officers are authorized reciprocal use of any Domestic Non-Availability Determinations (DNAD) listed in DFARS PGI 225.7002-2(b)(5)(B).

(4) The contracting officer shall coordinate with the point of contact listed in the DFARS PGI 225.7003-2(b)(5)(A)(4(i) through (iv) to ensure the original determination circumstances are unchanged and that the same rationale and circumstances apply to the instant contract as apply to the approved Determination. The contracting officer shall document the contract file in writing with the results of the coordination. [AFARS Revision #25, Item XIV, dated April 1, 2010]

(S-90) Army Program Executive Offices and 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 the above prior approval requirement. [AFARS Revision #14, dated January 6, 2005] [AFARS Revision #21, dated May 22, 2007]

Subpart 5125.75 -- Balance of Payments Program

5125.7500 – Scope of subpart.

See the Department of the Army Pamphlet (DA PAM) 25-30, AR 415-15, and AR 420-10 for projects for construction, repair, and maintenance of real property outside the United States.