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DLAD PART 25 – FOREIGN ACQUISITION



PART 25 – FOREIGN ACQUISITION

TABLE OF CONTENTS

SUBPART 25.1 – BUY AMERICAN ACT - SUPPLIES

25.103 Exceptions.

25.104 Nonavailable Articles.

SUBPART 25.8 – INTERNATIONAL AGREEMENTS AND COORDINATION

25.802-71(90) End use certificates.

25.870 Contracting with Canadian contractors.

SUBPART 25.9 – CUSTOMS AND DUTIES

25.903 Exempted supplies.

SUBPART 25.70 – AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN PURCHASES

25.70(90) Restriction on certain components for naval vessels.

25.7002 Restriction on food, clothing, fabrics, and specialty metals.

25.7002-2 Domestic nonavailability validation.

SUBPART 25.73 – ACQUISITIONS FOR FOREIGN MILITARY SALES

25.7302-90 Foreign Military Sales (FMS) shipping instructions.

SUBPART 25.74 – DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

25.75 Balance of payments program.

25.7501 Policy.

25.775 Acquisitions in support of operations in Iraq or Afghanistan.

25.7799-2 Determination Requirements

SUBPART 25.75 – BALANCE OF PAYMENTS PROGRAM

25.7501 Policy.

SUBPART 25.77 – ACQUISITIONS IN SUPPORT OF OPERATIONS IN IRAQ OR AFGHANISTAN

25.7799-2 Determination Requirements.

SUBPART 25.1 – BUY AMERICAN ACT – SUPPLIES

25.103 Exceptions.

25.104 Nonavailable Articles.

SUBPART 25.8 – OTHER INTERNATIONAL AGREEMENTS AND COORDINATION

(Revised August 2, 2011 through PROCLTR 2011-22)

25.802-71 (90) End Use Certificates.

The DoD policy for End Use Certificates (EUCs) is found in DoD Directive, 2040.3, End Use Certificates. ( http://www.dtic.mil/whs/directives/corres/pdf/204003p.pdf )

25.870 Contracting with Canadian contractors.

25.870-1 General.

SUBPART 25.9 – CUSTOMS AND DUTIES

25.902 Procedures.

Use clause 52.225-9003, Customs Clearance Procedures for U.S. Subsistence in the European Union, in solicitations and contracts when procuring subsistence items originating in the U.S. being delivered to countries within the European Union.

25.903 Exempted supplies.

The Director, DLA Energy , or designee, is authorized to execute duty-free entry certificates for the fuels-related supplies in PGI 225.903(b)(i)(A)(2)

SUBPART 25.70 – AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN PURCHASES

(Revised August 2, 2011 through PROCLTR 2011-23)

25.70(90) Restriction on certain components for naval vessels.

25.7002 Restriction on food, clothing, fabrics, and specialty metals.

25.7002-2 Exceptions.

25.7002-2 (90) Domestic nonavailability validation.

DFARS 225.7002-2(c) contains an exception to the Berry Amendment domestic source restriction for those articles listed at FAR 25.104(a). Before soliciting offers for items covered by the restriction at DFARS 225.7002 that fall under the exception, the buying activity shall verify, through market research, that the article should remain on the list and thus, still be exempt from the Berry Amendment restriction. The contract file is to be documented accordingly. (See 10.001(a)(2)(93) and 25.104(b)(90)).

SUBPART 25.73 – ACQUISITIONS FOR FOREIGN MILITARY SALES

25.7302-90 Foreign Military Sales (FMS) shipping instructions.

SUBPART 25.74 – DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES

25.7402 Contractor personnel authorized to accompany U.S. armed forces deployed outside the United States.

25.7402-90 Policy.

25.7402-4 Contract clauses.

SUBPART 25.75 – BALANCE OF PAYMENTS PROGRAM

25.7501 Policy.

SUBPART 25.77 – ACQUISITIONS IN SUPPORT OF OPERATIONS IN IRAQ OR AFGHANISTAN

25.7799-2 Determination requirements.

25.7799-2(b)(1)(ii)(A) For any determination that applies to an individual acquisition with a value of $78.5 million or more or to a class of acquisitions, provide the package requesting CAE approval to J72 at least 10 working days prior to the projected date for issuing the solicitation. This also applies to individual acquisitions below $78.5 million for activities without a supply chain HCA. The DLA competition advocate shall also review the determination. The package shall contain:

(1) Memorandum or staff summary sheet from the supply chain HCA (CCO for activities without a supply chain HCA) requesting approval and reflecting local coordination, including by the servicing Office of Counsel and local competition advocate.

(2) Draft determination and finding, following prescribed format in mandatory DFARS PGI 225.7703-2(c)(iii). See PGI 225.7703-4 Reporting requirement.

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