AFARS PART 5125

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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

Subpart 5125.70 -- Authorization Acts, Appropriations Acts, and Other Statutory Restrictions on Foreign Acquisitions


AFARS -- Part 5125

Foreign Acquisition


5125.000 -- Waivers.

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

5125.202 -- Exceptions.

(a)

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

5125.302 -- Policy.

(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

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.

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.

5125.7002-2 -- Exceptions.

(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.

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