# MP5325 Foreign Acquisitions

#### Mandatory Procedure

MP5325
Foreign Acquisitions

August 2007

MP5325.103 Exceptions to Buy American Act – Supplies

(a) When a determination of nonavailability is required by FAR 25.103 and DFARS 225.103(b)(i), the contracting officer should prepare a request for nonavailability determination, substantially in the form described this section, and process for approval in accordance with DFARS 225.103(b)(ii). Each request should identify the proposed acquisition by applicable purchase request or contract number and include:

(1) A description of the articles intended to be acquired, manufacturer's name and address, model number, and specific information pertaining to special features, performance, versatility, and etc;

(2) A statement of the efforts made to secure either the article required or suitable substitutes from domestic sources. List all domestic sources contacted or provide reasons why domestic sources were not contacted. Additionally, list reasons, if known, why domestic sources contacted could not or would not furnish required articles or suitable substitutes;

(3) The name and address of the proposed source (if other than the manufacturer, state reason(s) why direct purchase or purchase through an overseas contract activity is not feasible);

(4) The reason why purchase of foreign material or from a foreign source is necessary. Identify and explain the specific portion of the mission or requirement, which is of such magnitude as to override consideration to procure a domestic source end product;

(5) A description of the end use of item to be purchased and a brief description of the special function to be accomplished, such as performance of special tests or research work;

(6) The identity of the purchaser;

(7) The citation of the applicable appropriation;

(8) Under what type and number of contract the contractor is operating and what will be the disposition of articles at completion of the contract when the proposed purchaser is not a Government agency but is an Air Force contractor;

(9) Whether or not payment is intended to be made before delivery is accomplished; and

(10) The estimated foreign, domestic, and total cost of the proposed acquisition.

DETERMINATION AND FINDING
Of
NONAVAILABILITY

The United States Air Force proposes under purchase request number [insert purchase number, see note (1)] to acquire for public use, at an estimated cost of $[insert dollar amount] for [describe supplies], manufactured by [insert manufacturer's name, see note (2)] in [insert city and country of origin, see note (3)] from [identify the proposed offer; see note (3)].

The above-described supplies are not [mined, produced, or manufactured, as the case may be] in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

It is determined that the provisions of the Buy American Act (41 U.S.C. l0a-d) are inapplicable to the articles enumerated above or the purchase thereof and that the same may be purchased without regard to said Act.

This Determination is made pursuant to the authority vested in the undersigned by Federal Acquisition Regulation (FAR) 25.103(b) and does not constitute justification for not using full and open competition. When it is necessary to make such a justification, the procedures of FAR 6.303 apply.

___________________________
Signature of Approving Authority

NOTES:

(1) Insert purchase request number, if any. If there is no purchase request, omit “under purchase request number.”

(2) Insert manufacturer's name, city, and country of origin. When the manufacturer is also the vendor, omit the remainder of the sentence starting with “from.”

(3) The first paragraph of the above format is designed for the case when the purchase is to be made by the Air Force directly. If the purchase is to be made by an Air Force contractor, the word “from” will be omitted and the following will be inserted: “through [insert name of contractor] as Air Force contractor under contract number [insert contract number] from [identify the proposed source].”

(b) In the case of inter-command acquisitions, compliance with the Buy American Act and Balance of Payments evaluation procedures (DFARS 225.5) is the responsibility of the contracting command, except when the requiring command specifies a foreign end product, in which case, the determination is the responsibility of the requiring command.

(c) When overseas contracting support is needed, CONUS contracting activities should contact the following:

(1) In Japan (excluding Okinawa):

374 CONS/CC
Unit 5228
APO AP 96328-5228
DSN 315-225-7099 or 7199;

(2) In Okinawa:

18 CONS/LGC
Unit 5199
APO AP 96368-5199
DSN 315-634-1828;

(3) In Europe:

HQ USAFE/LGC
Unit 3050, Box 110
APO AE 09094-0110
DSN 314-480-5910.

(d) CONUS contracting activities requesting contracting support should provide, as a minimum, the information specified below to the appropriate overseas contracting activity. Contracting activities will treat all requests for contracting support on a priority basis. The requesting activity will provide:

(1) A purchase request with description of the requirement including definitive specifications free of any defects that would otherwise preclude immediate contracting action;

(2) Instructions for packaging, packing, and preservation, and special instructions dictated by the nature of the commodity to be purchased, if necessary;

(3) An executed Buy American Act Determination (DFARS 225.103(b)) if the item is not exempted;

(4) A specification or purchase description suitable for obtaining full and open competition, or necessary information, certified as complete and accurate in accordance with FAR 6.303 to support any recommendation for use of other than full and open competition;

(5) The obligation authority;

(6) The mailing address and telephone number of a single point of contact;

(7) Transportation, routing, or shipping instructions. If the foreign contractor will be required to ship requirements to multiple CONUS-based consignees, detailed shipping instructions concerning each consignee will be provided to the overseas procuring activity; and
(8) Any special distribution requirements for the contractual documents required beyond the normal distribution.
(e) Overseas contracting activities providing courtesy contracting support to CONUS-based requiring activities will, after determining all submitted documentation to be adequate, proceed with the acquisition using the certificate of conformance when appropriate. The AFO supporting the overseas contracting activity should make payments on all transactions. The CONUS requiring base should respond expeditiously to any requests of the overseas contracting activity.
MP5325.870 Contracting with Canadian Contractors

#### (a) The Canadian Government has requested that all research contracts contemplated with educational institutions of Canada be cleared through a central point to prevent United States agencies from duplicating support of research projects already supported by Canadian Government agencies. Accordingly, the following procedure should govern the placement of research contracts with Canadian educational institutions.

(b) Unclassified request for proposals should be forwarded directly to the institution, provided two copies are forwarded concurrently to the Counselor, Defense Research and Development (DRD), Canadian Embassy, 501 Pennsylvania Avenue, Washington, DC 20001. Unless the DRD advises that the proposed institution is not in a position to undertake the research, contracting action will proceed in a normal manner.

(c) Unsolicited research proposals received from Canadian institutions involving basic research, exploratory development, advance engineering, or advance development will be forwarded to the Directorate of Science and Technology Contracts, HQ AFMC/PKT (AFRL/PK), 1864 4th Street, Room 225, Wright-Patterson AFB, OH 45433-7132, (937) 255-5666 or DSN 785-5666.

(d) Unclassified research contracts awarded to Canadian educational institutions should be forwarded directly to the institution, provided a copy is forwarded concurrently to the address in

(e) above and to the Chairman, Defense Research Board, National Defense Headquarters, Ottawa, Ontario, Canada K1A 0K2. Unless the institution is advised to the contrary by the DRD, the contract should be executed. Subsequent to the execution for the U.S. Government, the contracting officer should notify the DRD, Washington, DC of the date of award.

MP5325.1001 Waiver of Right to Examination of Records

Conditions for use of FAR 52.215-2, Alternate III. Submit requests for agency head determinations per FAR 25.1001, with supporting rationale, through command contracting channels to SAF/AQCP.