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TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 2 - DEFENSE ACQUISITION REGULATIONS SYSTEMS, DEPARTMENT OF DEFENSE
SUBCHAPTER D - SOCIOECONOMIC PROGRAMS
PART 225 - FOREIGN ACQUISITION
225.7002 - 2 - Exceptions.
Acquisitions in the following categories are not subject to the restrictions in 225.70021: (a) Acquisitions at or below the simplified acquisition threshold.
(b) Acquisitions of any of the items in 225.70021(a) or (b), if the Secretary concerned determines that items grown, reprocessed, reused, or produced in the United States cannot be acquired as and when needed in a satisfactory quality and sufficient quantity at U.S. market prices.
(1) The following officials are authorized, without power of redelegation, to make such a domestic nonavailability determination: (i) The Under Secretary of Defense (Acquisition, Technology, and Logistics).
(ii) The Secretary of the Army.
(iii) The Secretary of the Navy.
(iv) The Secretary of the Air Force.
(2) The supporting documentation for the determination shall include (i) An analysis of alternatives that would not require a domestic nonavailability determination; and (ii) A written certification by the requiring activity, with specificity, why such alternatives are unacceptable.
(3) Defense agencies shall follow the procedures at PGI 225.70022(b)(3) when submitting a request for a domestic nonavailability determination.
(4) If an official listed in paragraph (b)(1)(ii) through (iv) of this subsection makes a domestic nonavailability determination for the acquisition of titanium or a product containing titanium, that official shall (i) Notify the congressional defense committees at least 10 days before the award of a contract that relies on such a determination; and (ii) Provide a copy of the notification and the determination to the Director, Defense Procurement and Acquisition Policy, as specified in PGI 225.70022(b)(4).
(5) See PGI 225.70022(b)(5) for related policy memoranda.
(c) Acquisitions of items listed in FAR 25.104(a), unless the items are hand or measuring tools.
(d) Acquisitions outside the United States in support of combat operations.
(e) Acquisitions of perishable foods by activities located outside the United States for personnel of those activities.
(f) Acquisitions of food, specialty metals, or hand or measuring tools (1) In support of contingency operations; or (2) For which the use of other than competitive procedures has been approved on the basis of unusual and compelling urgency in accordance with FAR 6.302 2.
(g) Emergency acquisitions by activities located outside the United States for personnel of those activities.
(h) Acquisitions by vessels in foreign waters.
(i) Acquisitions of items specifically for commissary resale.
(j) Acquisitions of end products incidentally incorporating cotton, other natural fibers, or wool, for which the estimated value of the cotton, other natural fibers, or wool (1) Is not more than 10 percent of the total price of the end product; and (2) Does not exceed the simplified acquisition threshold.
(k) Acquisitions of waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives.
(l) Acquisitions of foods manufactured or processed in the United States, regardless of where the foods (and any component if applicable) were grown or produced. However, in accordance with Section 8136 of the DoD Appropriations Act for Fiscal Year 2003 (Pub. L. 107 248) and similar sections in subsequent DoD appropriations acts, this exception does not apply to fish, shellfish, or seafood manufactured or processed in the United States or fish, shellfish, or seafood contained in foods manufactured or processed in the United States.
(m) Purchases of specialty metals by subcontractors at any tier for programs other than (1) Aircraft; (2) Missile and space systems; (3) Ships; (4) Tank-automotive; (5) Weapons; and (6) Ammunition.
(n) Acquisitions of specialty metals and chemical warfare protective clothing when the acquisition furthers an agreement with a qualifying country (see 225.872).
(o) Acquisitions of fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but not the purchase of the synthetic or coated synthetic fabric itself), if (1) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include (i) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances); (ii) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia; (iii) Upholstered seats (whether for household, office, or other use); and (iv) Parachutes (Federal Supply Class 1670); or (2) The fibers and yarns are para-aramid fibers and yarns manufactured in (i) The Netherlands; or (ii) Another qualifying country (see 225.872) if the Under Secretary of Defense (Acquisition, Technology, and Logistics) makes a determination in accordance with Section 807 of Public Law 105261 that (A) Procuring articles that contain only para-aramid fibers and yarns manufactured from suppliers within the United States would result in sole source contracts or subcontracts for the supply of such para-aramid fibers and yarns; (B) Such sole source contracts or subcontracts would not be in the best interest of the Government or consistent with the objectives of the Competition in Contracting Act (10 U.S.C. 2304); and (C) The qualifying country permits U.S. firms that manufacture para-aramid fibers and yarns to compete with foreign firms for the sale of para-aramid fibers and yarns in that country.
[67 FR 20697, Apr. 26, 2002, as amended at 68 FR 7442, Feb. 14, 2003; 69 FR 26509, May 13, 2004; 69 FR 31910, June 8, 2004; 70 FR 43073, July 26, 2005]
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