ANNEX 3 - DOMESTIC NON-AVAILABILITY DETERMINATION
DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY 1000 NAVY PENTAGON
WASHINGTON DC 20350-1000
DETERMINATION OF DOMESTIC NON-AVAILABILITY
In accordance with 10 U.S.C. 2533b and Defense Federal Acquisition Regulation (DFARS) 225.7002-2(b), I hereby make the following determination concerning acquisition of the _____________[identify the end item or program affected] ________.
FINDINGS
1. 10 U.S.C. 2533b requires that, unless meeting an exception in the law, the Department of Defense is prohibited from acquiring ___ [Identify applicable class of end item, component thereof, or directly purchased specialty metal. Classes of end items are: aircraft, missile and space systems, ships, tank and automotive items, weapons systems, or ammunition] _____ which contains specialty metals unless the metals were melted or produced in the United States. This requirement does not apply to the extent that the Secretary of the Navy determines that compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed.
2. The __ [name of contracting activity] __ has an acquisition for __[identify specific item at prime contract level] ___ under Solicitation/Contract ____[insert number]___. It was determined that this acquisition is subject to the 10 U.S.C. 2533b requirements to buy strategic materials critical to national security from U.S. sources and did not fall under any of the statutory exceptions. Therefore, the implementing clause DFARS 252.225-7014, Preference for Domestic Specialty Metals (Deviation 2008-O0002), [and Alternate I (Deviation 2008-O0002), if applicable] was/were included in the solicitation. __ [Identify prime contractor] __ has asserted that __ [identify non-compliant end item, component, part, or material] __ cannot be obtained containing specialty metals melted or produced in the U.S. and has requested approval of a determination that this __ [item/material] __ is not available from domestic sources.
3. __ [Provide detail to explain what portion of the specific item being procured at the prime contract level is compliant and what is not compliant. Specify whether the DNAD is for an entire contract or certain deliveries. ] __.
4. __ [Summarize the Contractor’s market research and the Government’s analysis supporting the assertion of non-availability. Such research and analysis should address the aspects of satisfactory quality, sufficient quantity, required form, and time requirements including dates needed for incorporation into the prime contract level end items. The market research and Government analysis should accompany the request for a DNAD.]
5. __ [Summarize the analysis of alternatives to a DNAD. The complete analysis should accompany the request for a DNAD. If the acquisition was competitive, address whether any other responding contractor(s) asserted compliant items would be delivered and, if so, explain why the contract will be awarded to a contractor proposing a non-compliant item.] __.
6. __ [Address and summarize the requiring activity’s written certification that such alternatives are unacceptable. The certification should accompany the request for a DNAD and may be in the form of a PM/PEO signature on the analysis of alternatives approving the conclusion or may be included as part of a cover memo forwarding the request for a DNAD provided that it includes wording to the effect that no alternatives are acceptable.] ___.
DETERMINATION
Based on the findings above, I have determined that specialty metal melted or produced in the United States of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed for the __ [specify end item/component] ___ in accordance with 10 U.S.C. 2533b(b) as implemented by DFARS 225.7002-2(b).
___________________________ ________
[Name] Date
Secretary of the Navy
MEMORANDUM FOR THE SECRETARY OF THE NAVY
Subject: Analysis of Market Research and Analysis of Alternatives for ________________
1. Purpose
The purpose of this analysis is to evaluate whether ___________ of satisfactory quality and sufficient quantity, and in the required form, can be procured as and when needed for Contract ______________ in support of the ________ program or if any other alternatives are acceptable. [If the Government performed the market research itself, only the analysis of alternatives is necessary for this memo. Additionally, the information contained herein may be contained in separate memos, if desired.]
2. Methodology Used in Market Research
Explain how parts containing the specialty metal were identified and what the parts are. Specify the specialty metals involved to the degree possible.
If this request covers a group of parts and a representative sample was selected, explain the total number of parts involved and the procedures for selecting the sample. An example would be that a list of all parts was assembled and a random number generator was used to select a specific percentage of the items. Note whether such selection was made by the contractor or the Government.
Identify whether information about the parts/material was provided by a prime contractor or subcontractor for the end item or component involved.
3. Issues
Summarize issues investigated relative to contractor’s assertion of non-availability. Examples are: predominant industry location, status of industry in qualifying countries, alternative materials/parts, US Government market share, cost of changes, Original Equipment Manufacturer, Qualified Parts List, or any other qualification (such as FAA approval) required.
4. Findings of Market Research
a. Materials/Suppliers – Discuss manufacturers contacted, location of manufacturer and sources of supply, whether the manufacturer can track specialty metals to source, degree of compliance/non-compliance asserted, willingness to analyze parts for compliance if not already known, any conclusions as to veracity of compliance statements. If the manufacturer states its parts are compliant but the sources of supply (vendors) contradict or undermine this statement, this should be noted. If a manufacturer or supplier’s interpretation of the specialty metal requirements is incorrect, this should be noted. Examples of this would be an assumption that remelting of a specialty metal qualified or that the small purchase exception is applicable at lower tiers of subcontracting. If more than one part or type of specialty metal is involved in the DNAD, each should be treated in a separate section.
b. State of Industry - Discuss research done on the industry overall. This would include studies done by other organizations, annual industry sales and the US Government market share, information obtained from sources such as the Department of Commerce or National Association of Manufacturers, internet surveys conducted, information obtained from other DNADs, commercial aspects of the industry. Discuss what portion of manufacturers and/or suppliers are represented in this document and efforts to identify additional sources through means such as notices in the Commerce Business Daily or Urgent Data Requests through the Government Industry Data Exchange Program.
c. Other Issues – Discuss any other issues relevant to this DNAD such as logistics considerations or whether an item is a critical capability for DoD.
5. Alternatives Considered and Effects of Compliance
a. Material/part alternatives considered and effects of compliance - Explain the economic and schedule consequences if compliance were mandated for the specific material/part. This would include costs and time to build facilities, costs of insuring compliant metals were segregated in the supply system, redesign costs, or costs of any other alternative considered.
b. Alternative acquisition Strategies considered – Explain any alternatives considered to buying the noncompliant material/part. These alternatives may include considering different end items to fulfill the requirement or using a different component/part in the end item. Effects of alternatives in terms of reengineering, delayed deliveries, mission impacts, etcetera, should be explained.
6. Recommendation/Signatures
Briefly, summarize conclusions and give a recommendation. If analysis was performed by a support contractor or an organization other than the requiring activity, signatures should be identified to that organization/contractor and certification of why alternatives are not acceptable should be provided as an additional section or separate document.
If this analysis was performed by the requiring activity, the certification as to why alternatives are not acceptable should be included in this section along with the requiring activity signatures.