GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM)

## Part 525—Foreign Acquisition

### Subpart 525.1—Buy American Act—Supplies

#### 525.103 Exceptions

(a) Public Interest. The HCA is authorized to make the determination required by FAR 25.103(a). The HCA may not redelegate this authority.

(b) Class Determination. FAR 25.103(b)(1)(i) does not allow for class determinations to be made at the agency level.

(c) Class Determination - Notice of Availability. Regarding FAR 25.103(b)(1)(iii)(C), documentation supporting removal of an item from the list of Nonavailable Articles at FAR 25.104 should be submitted by the contracting officer to the Senior Procurement Executive (SPE) in the Office of the Chief Acquisition Officer. The SPE will determine whether the documentation should be forwarded to the Civilian Agency Acquisition Council (CAAC).

(d) Individual Determinations—Nonavailability. For the one-time, single procurement determination required by FAR 25.103(b)(2)(i):

If the estimated value of the supplies… | Then…
--- | ---
(1) Exceeds $100,000. | Only the HCA may make the determination. The HCA may not redelegate this authority.
(2) Does not exceed $100,000. | The HCA may redelegate authority to make the determination.

(e) Individual Determinations—Notice of Nonavailability. Regarding When the contracting officer considers that non-availability of an item will affect future acquisitions (see FAR 25.103(b)(2)(ii)), documentation supporting the addition of articles to the list of Nonavailable Articles at FAR 25.104 should be submitted by the contracting officer to the SPE. The SPE will determine whether the documentation should be forwarded to the CAAC.

### Subpart 525.2—Buy American Act—Construction Materials

#### 525.202 Exceptions.

(a) Public Interest. The HCA is authorized to make the determination required by FAR 25.202(a)(1). The HCA may not redelegate this authority.

(b) Nonavailability. For the determination under FAR 25.202(a)(2):

If the estimated cost of materials… | Then…
--- | ---
(1) Exceeds $100,000. | Only the HCA may make the determination. The HCA may not redelegate this authority.
(2) Does not exceed $100,000. | The HCA may redelegate authority to make the determination.

#### 525.206 Noncompliance.

Regarding potentially fraudulent noncompliance under FAR 25.206(c)(4), refer the matter to the appropriate Office of Inspector General Office.

### Subpart 525.10—Additional Foreign Acquisition Regulations

#### 525.1070 Purchases Using Department of Defense (DoD) Appropriated Funds.

(a) The Berry Amendment, 10 U.S.C. 2533a, applies domestic-source requirements to certain food, clothing, fabrics, specialty metals, and hand or measuring tools when purchased with DoD appropriated funds. The Berry Amendment, as applicable to purchases using DoD appropriated funds, is implemented at DFARS Subpart 225.70 and in clauses prescribed there.

(b) GSA acquisition personnel are responsible for reviewing requests for purchases using DoD appropriated funds to ensure that all special funding and procurement requirements, e.g., Berry Amendment applicability, have been disclosed to GSA.