Subpart 5125.2 -- Buy American Act -- Construction Materials
Subpart 5125.3 -- Balance of Payments Program
Subpart 5125.6 -- Customs and Duties
Subpart 5125.8 - Other International Agreements and Coordination
AFARS -- Part 5125
Foreign Acquisition
All approvals, exceptions, and waivers from the requirements of FAR Part 25 or DFARS Part 225 must be documented in a Determination and Findings (D&F). An example is shown in 5153.9003. See also 5101.707.
Subpart 5125.2 -- Buy American Act -- Construction Materials
(a)
(i) The ASA(ALT) has delegated to the DASA(P) and the HCA, U.S. Army Corps of Engineers (USACE), authority to determine that the use of a particular domestic construction material is impracticable.
(2) The ASA(ALT) has delegated to the DASA(P) and the HCA, USACE, authority to make agency head determinations that the construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. The delegation to the HCA, USACE, is non-delegable.
5125.203 -- Evaluating Offers.
(a) The ASA(ALT) has delegated to the DASA(P) and the HCA, USACE, authority to determine that the cost of domestic construction materials is unreasonable.
Subpart 5125.3 -- Balance of Payments Program
(c) See DA PAM 25-30, AR 415-15, and AR 420-10 for projects for construction, repair, and maintenance of real property outside the United States.
Subpart 5125.6 -- Customs and Duties
5125.604 -- Exempted Supplies.
(b) The contracting officer must execute duty-free entry certificates and execute them when no administrative contracting officer has been assigned.
Subpart 5125.8 - Other International Agreements and Coordination
5125.871 -- North Atlantic Treaty Organization (NATO) Cooperative Projects.
5125.871-7 -- Congressional Notification.
(a) Send the notification at least 30 days prior to award directly to the Deputy Under Secretary of the Army (International Affairs), Attn.: SAUS-IA-DSC, 1777 N. Kent St., Arlington, VA 22209
(b) See 5125.871-7(a).
5125.890 -- Disclosure of Information and Visits and Accreditation of Foreign Representatives.
(a) All visits by foreign representatives to organizations, agencies, activities, installations, and facilities over which the Army exercises administrative control or security cognizance and to commercial firms performing work under contract to the Army must be cleared in accordance with DoD 5220.22-R and AR 380-10.
(b) AR 380-10 prescribes procedures for accreditation of foreign personnel. See AR 70-66 for release of classified military information to foreign representatives. Classified military information that may not otherwise be released may be released if the release is approved in writing by the Deputy Chief of Staff for Intelligence, Department of the Army.
Subpart 5125.70 -- Authorization Acts, Appropriations Acts, and Other Statutory Restrictions on Foreign Acquisitions
5125.7002 -- Restrictions on Food, Clothing, Fabrics, and Specialty Metals and hand measuring tools.
(a) All determinations require approval by the Secretary of the Army. See AFARS 5153.9003 for a Sample Memorandum for Waiver of the Berry Amendment. The authority to make determinations may not be redelegated. Prior to making any determination to waive the requirements of the Berry Amendment, a certification in writing, with specificity, regarding alternatives in lieu of a Secretary of the Army determination to waive the restrictions of the Berry Amendment (10 U.S.C. 2241, note) must be done by the requiring activity.