# MP5325.7002-2 Domestic Non-Availability Determinations (DNAD) Under DFARS 225.7002

#### Mandatory Procedure

MP5325.7002-2
Domestic Non-Availability Determinations (DNAD) Under DFARS 225.7002

#### Revised April 2, 2010

#### TABLE OF CONTENTS

#### 1. Introduction

2. Domestic Non-Availability Determination (DNAD) Exception

#### ADDENDA

#### Sample DNAD Format -- Food, Clothing, Fabrics, and Hand or Measuring Tools

#### 1. Introduction

Follow these Mandatory Procedures when requesting approval to purchase restricted food, clothing, fabrics, and hand or measuring tools under DFARS 225.7002. 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 specialty restrictions when drafting a Domestic Non-Availability Determination (DNAD). A DNAD must be tailored to your acquisition scenario. In some cases it may not be possible to obtain all of the data contained in the attached sample; however, Contracting Officers should make every effort to do so.

2. Domestic Non-Availability Determination (DNAD) Exception

a. Individual DNADs.

Food, Clothing, Fabrics, and Hand or Measuring Tools. When a contractor asserts that a domestic food, clothing, fabric, and hand or measuring tool Domestic Non-Availability Determination (DNAD) is required; the DNAD (See Addendum) must be coordinated through SAF/AQCK and submitted to the Secretary of the Air Force for approval. The Secretary of the Air Force can grant a DNAD if compliant food, clothing, fabrics, and hand or measuring tools of satisfactory quality and sufficient quantity, and in the required form, cannot be procured 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.

Food, Clothing, Fabric, and Hand or Measuring Tools. 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 that are 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 Senior Contracting Official (SCO) or for AFMC and AFSPC the Senior Center Contracting Official (SCCO). This approval may not be further delegated. The Contracting Officer shall obtain legal review to support the determination.

ADDENDUM—Sample D&F – Food, Clothing, Fabrics, and Hand or Measuring Tools

DETERMINATION AND FINDING
DNAD FOR {SPECIFY} FOOD, CLOTHING, FABRICS, AND HAND OR MEASURING TOOLS

Pursuant to the authority contained in Section 9005 of Public Law 102-396, as amended, 10 U.S.C. 2533a (the “Berry Amendment”) and Defense Federal Acquisition Regulation Supplement (DFARS) 225.7002-2, I hereby make the following determination and findings concerning [insert agency], [insert contracting activity].

Findings

1. The [insert contracting activity] proposes to purchase [insert description of the item(s)] under contract number [insert contract number]. The item(s) is/are produced or manufactured in [insert country of origin]. The total estimated cost of the item(s) is [insert amount].

2. Describe the mission of the organization:

3. Describe the circumstances that preclude the buying of a domestic end item (“The Berry Amendment (10 U.S.C. 2533a) requiring affected items to be domestic (i.e., of domestic origin and wholly of domestic content) unless a determination is made that such product cannot be acquired as and when needed in a satisfactory quality and sufficient quantity at U.S. market prices”).
4. Describe the market research performed, to include firms contacted.
5. Describe the impact if the waiver is not approved. [include the impact on the program’s delivery schedule, program costs, and mission.]
6. Describe any alternatives/substitutes considered and why these alternatives/substitutes are not satisfactory. [Discuss when compliant parts/components will be available and the Contractor’s Corrective Action Plan.]
7. Provide any other data that will support the request.

Determination

Based on the findings above, I herby determine that a satisfactory quality and sufficient quantity of the above [specify item(s)] that complies with the Berry Amendment cannot be acquired nor produced as and when needed at U. S. market prices. This determination is made in accordance with DFARS 225.7002-2 and 10 U.S.C. 2533a. Based on this determination, an exception applies to the requirements of the Berry Amendment to procurement of these items.

This determination will be effective until [specify time period, duration, scope (e.g. month/year, lot numbers, contract numbers, or program completion that specify item or program will comply with 10 U.S.C. §2533a are available.]

______________________________ ________
[NAME] DATE
SECRETARY OF THE AIR FORCE