# AFARS PART 5125

- 5125.090 Waivers.

- Subpart 5125.2 – Buy American – 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.

- Subpart 5125.9 – Customs and Duties

- 5125.903 Exempted supplies.

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

- 5125.7000 Scope of subpart.
- 5125.7000-90 Applicability to utilize a non-Army contracting activity.
- 5125.7002 Restrictions on food, clothing, fabrics, and hand or measuring tools.
- 5125.7002-2 Exceptions.
- 5125.7003 Restrictions on acquisition of specialty metals.
- 5125.7003-3 Exceptions.

AFARS – PART 5125

FOREIGN ACQUISITION

5125.090 Waivers.

Contracting officers must document all approvals, exceptions, and waivers from the requirements of FAR part 25 or DFARS part 225 in a determination and findings. See also 5101.707.

Subpart 5125.2 – Buy American – Construction Materials

5125.202 Exceptions.

(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).

(2) Nonavailability. The HCA may delegate the authority at FAR 25.202(a)(2) to the principal assistant responsible for contracting.

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 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.

Subpart 5125.9 – Customs and Duties

5125.903 Exempted supplies.

(b)(ii) The contracting officer must execute duty-free entry certificates when no administrative contracting officer is assigned.

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

5125.7000 Scope of subpart.

5125.7000-90 Applicability to utilize a non-Army contracting activity.

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.

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

5125.7002-2 Exceptions.

(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.

5125.7003 Restrictions on acquisition of specialty metals.

5125.7003-3 Exceptions.

(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.