SUBPART 5225.1—BUY AMERICAN --SUPPLIES
5225.103 (DFARS 225.103) Exceptions.
(a) Public interest.
(ii)(B)(3) Submit requests for an agency head determination for a public interest exception to
DASN(AP).
(b) Nonavailability.
(2)(ii) Submit copies of determinations made under FAR 25.103(b)(2) to the DAR Council via
DASN(AP).
5225.104 (DFARS 225.104) Nonavailable articles.
(b) Submit supporting documentation to the DAR Council via DASN(AP).
SUBPART 5225.2—BUY AMERICAN --CONSTRUCTION MATERIALS
5225.202 (DFARS 225.202) Exceptions.
(a)(1) Impracticable or inconsistent with the public interest. The Commander, NAVFACENGCOM is delegated authority to make this determination.
SUBPART 5225.4—TRADE AGREEMENTS
5225.401 (DFARS 225.401) Exceptions.
(a)(2) Submit requests to USD(AT&L)DPAP through DASN(AP) in the form of a determination
and findings.
5225.403 (DFARS 225.403) Trade Agreements Act.
(c)(ii) Submit requests for national interest waivers to the USD(AT&L)DPAP through DASN(AP)
in the form of a determination and findings.
SUBPART 5225.7—PROHIBITED SOURCES
5225.702 Prohibition on contracting with entities that conduct restricted business operations in Sudan.
(b) Waivers pursuant to FAR 25.702-4(a) shall be submitted through DASN(AP) by electronic mail address RDAJ&As@navy.mil. Include in the subject line of the email “FAR 25.702-2(a) Waiver—SUDAN.”
5225.703 Prohibition on contracting with entities that engage in certain activities relating to Iran.
(b) Waivers pursuant to FAR 25.703-4 shall be submitted through DASN(AP) by electronic mail address RDAJ&As@navy.mil. Include in the subject line of the email “FAR 25.703-4 Waiver—IRAN.”
5225.770 Prohibition on acquisition of United States Munitions List items from Communist Chinese military companies.
5225.770-5 (DFARS 225.770-5) Waiver of prohibition.
(c)(1) A copy of waivers submitted to DPAP pursuant to DFARS 225.770-5(a) shall be submitted to DASN(AP) by electronic mail address RDAJ&As@navy.mil. Include in the subject line of the email “DFARS 225.770-5(a) Waiver—COMMUNIST CHINESE MILITARY COMPANIES UNITED STATES MUNITIONS LIST.”
SUBPART 5225.8—OTHER INTERNATIONAL AGREEMENTS AND COORDINATION
5225.802-90 Procedures for acquisitions that can be satisfied only by sources outside the United States.
(a) Naval activities having requirements that can be satisfied only by European sources should forward their requisitions to Fleet and Industrial Supply Center (FISC) Sigonella for procurements in Southern Europe, the Mediterranean, and Africa; to FISC Sigonella Detachment Bahrain for procurements in the Middle East; or FISC Sigonella Detachment London for procurements in Northern Europe, including the United Kingdom and Iceland. Naval activities having requirements that can be satisfied only by Asian sources should forward their requirements to FISC Yokosuka for procurements in Japan or Korea; or FISC Yokosuka Detachment Singapore for procurements in Asia/Pacific other than Japan or Korea. This does not relieve activities from complying with
current Balance of Payments directives.
(b) Exceptions. The following are exceptions to paragraph (1) above:
(i) Contracts for complete vessels or aircraft.
(ii) Contracts for equipment requiring servicing by representatives of foreign companies.
(iii) Contracts within an activity's authorized purchase authority when material is readily available overseas (outside CONUS).
(iv) Other specific exceptions as may be granted by NAVSUPSYSCOM.
(3) Contracting Officers utilizing any of the above exceptions, prior to negotiating with an overseas supplier, should contact the applicable FISC for assistance and support.
5225.802-71 (DFARS 225.802-71) End Use Certificates .
ASN(RDA) may authorize the execution of Category I and II End Use Certificates (EUCs). Category III EUCs require a waiver by the USD(AT&L). All requests for EUCs shall be forwarded via the Navy International Programs Office for review to determine the proper category and to recommend approval.
5225.871 North Atlantic Treaty Organization (NATO) cooperative projects.
5225.871-4 (DFARS 225.871-4) Statutory waivers.
(c) Submit waiver requests through DASN(AP).
5225.871-7 (DFARS 225.871-7) Congressional notification.
(a)(1) Submit proposed Congressional notices through DASN(AP).
5225.872 Contracting with qualifying country sources.
5225.872-3 (DFARS 225.872-3) Solicitation procedures.
(e)(4) Submit requests for concurrence through DASN(AP).
SUBPART 5225.70—AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN ACQUISITION
5225.7002 Restrictions on food, clothing, fabrics, and hand or measuring tools.
5225.7002-2 (DFARS 225.7002-2) Exceptions.
(b)(1)(iii) Submit domestic non-availability determinations for approval by the Secretary of the
Navy through DASN(AP) using the format in Annex 3 via electronic mail address
RDAJ&As@navy.mil. Include in subject line “DNAD pursuant to DFARS 225.7002-2.”
5225.7003 (DFARS 225.7003) Restrictions on acquisitions of specialty metals.
5225.7003-3 (DFARS 225-7003-3) Exceptions
(b)(2)(ii) Report on all contracts (including task orders/delivery orders) for the
acquisition of COTS end items valued at $5 million or more per item purchased during the preceding fiscal year. In addition to the requirements at PGI 225.7003-3(b)(2)(B), include the contract line item number (CLIN), quantity, and unit price for each excepted COTS end item reported. Submit the required annual report to DASN(AP) via electronic mail address RDAJ&As@navy.mil not later than October 15. Include in the subject line “Annual COTS End Items Report (Activity name/fiscal year).”
(b)(5) Submit required domestic non-availability determinations (DNADs) for approval by the Under Secretary of Defense (Acquisition, Technology, and Logistics) or the Secretary of the Navy
(SECNAV) through DASN(AP) using the format in Annex 3, DOMESTIC NONAVAILABILITY
DETERMINATION, via email address RDAJ&As@navy.mil. Include in subject line: “DNAD Pursuant to DFARS 225.7003-3 for approval by (i.e. USD(AT&L) or SECNAV).”
(c)(2) and (d) Submit required determinations for approval by the Under Secretary of Defense
(Acquisition, Technology and Logistics) or SECNAV through DASN(AP), using the format in
Annex 3, DOMESTIC NON-AVAILABILITY DETERMINATION, via email address RDAJ&As@navy.mil. Include in subject line: “Determination Pursuant to DFARS 225.7003-3 for approval by (i.e. USD(AT&L) or SECNAV).”
5225.7003-4 (DFARS 225-7003-4) One-time waiver.
(d) Submit the required determinations for approval by the Under Secretary of Defense (USD) for
Acquisition Technology and Logistics (AT&L) or ASN(RD&A) through DASN(AP) via email
address RDAJ&As@navy.mil. Include in subject line “One-time waiver determination pursuant to DFARS 225.7003-4 for approval by (i.e. USD(AT&L) or ASN(RD&A)).”
5225.7007 Restrictions on anchor and mooring chain.
5225.7007-2 (DFARS 225.7007-2) Waiver.
(a) Submit the proposed written D&F containing the certification to DASN(AP) for Secretarial
approval.
5225.7009 Restrictions on ball and roller bearings.
5225.7009-4 (PGI 225.7009-4) Waiver.
Submit the proposed Secretarial waiver to DASN(AP) in the form of a written D&F that contains
a certification that:
(a) Adequate domestic supplies are not available to meet DoD requirements on a timely basis; and
(b) The acquisition must be made in order to acquire capability for national security purposes.
5225.7011 Restrictions on carbon, alloy, and armor steel plate.
5225.7011-2 (DFARS 225.7011-2) Waiver.
Submit the proposed Secretarial waiver to DASN(AP) in the form of a written D&F that contains
a certification that:
(1) Adequate U.S. or Canadian supplies are not available to meet DoD requirements on a timely basis; and
(2) The acquisition must be made in order to acquire capability for national security purposes.
5225.7012 Restriction on supercomputers.
5225.7012-2 (DFARS 225.7012-2) Waiver.
Submit the proposed Secretary of Defense waiver to DASN(AP) in the form of a written D&F that
contains a certification that:
(1) Adequate U.S. supplies are not available to meet requirements on a timely basis; and
(2) The acquisition must be made in order to acquire capability for national security purposes.
5225.9000 Restriction on certain components for naval vessels.
(a) Restriction. In accordance with 10 U.S.C. 2534(a), do not purchase the following components of naval vessels, to the extent that they are unique to marine applications, unless manufactured in the United States or Canada:
(1) air circuit breakers
(2) gyrocompasses,
(3) electronic navigation chart systems,
(4) steering controls,
(5) pumps,
(6) propulsion and machinery control systems, and
(7) totally enclosed lifeboats.
(b) Exceptions. This restriction does not apply to –
(1) contracts or subcontracts that do not exceed the simplified acquisition threshold, or
(2) acquisition of spare or rep[air parts needed to support components for naval vessels produced or manufactured outside the United States.
(c) Implementation. (1) 10 U.S.C. 2534(h) prohibits the use of a contract clause or certification to implement this restriction.
(2) Implementation of this restriction shall be accomplished through management and oversight techniques that achieve the objective of this restriction without imposing a significant management burden on the Government or Contractor.
(d) Waiver. In accordance with the provisions of DFARS 225.7008(b), the Under Secretary of
Defense (Acquisition, Technology, and Logistics) has executed an annual waiver of the restrictions of 10 U.S.C. 2534 for certain items manufactured in the United Kingdom, including the items listed in paragraph (a) above. This waiver applies to –
(1) Procurements under solicitations issued on or after August 4, 1998; and
(2) Subcontracts and options under contracts entered into prior to August 4, 1998, under the
conditions described in DFARS 225.7008(a)(1)(iv).
SUBPART 5225.76—SECONDARY ARAB BOYCOTT OF ISRAEL
5225.7604 (PGI 225.7604) Waivers.
Submit waiver requests to USD(AT&L)DPAP through DASN(AP).