AFARS PART 5125

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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) (1) The Assistant Secretary of the Army (Acquisition, Logistics and Technology (ASA(ALT)) has delegated to the Deputy Assistant Secretary of the Army (Procurement (DASA(P)) and the Head of the Contracting Activity (HCA), United States Army Corps of Engineers (USACE), authority to determine that the use of a particular domestic construction material is impracticable.

[AFARS Revision #21, dated May 22, 2007]

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 Assistant Secretary of the Army for Defense Exports and Cooperation (DASA (DE&C)), ATTN: SAAL-NI, 1777 N. Kent St., Arlington, VA 22209. [AFARS Revision #21, dated May 22, 2007]

(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 the Department of Defense (DoD) 5220.22-R and Army Regulation (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 (G2).

Subpart 5125.9 -- Customs and Duties

5125.903 -- Exempted supplies.

(b) When no administrative contracting officer has been assigned, the contracting officer must execute duty-free entry certificates. [AFARS Revision #21, dated May 22, 2007]

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

5125.7002 -- Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.

5125.7002-2 -- Exceptions.

(b) (1) (i) All determinations to waive the Berry Amendment (10 U.S.C. 2533a) require prior approval by the Secretary of the Army. The authority to make such determinations may not be redelegated.

(S-90) Army Program Executive Offices and Program Management Offices and other requiring activities that utilize a non-Army contracting activity to fulfill a requirement for a covered item are responsible for ensuring compliance with the above prior approval requirement. [AFARS Revision #14, dated January 6, 2005] [AFARS Revision #21, dated May 22, 2007]

Subpart 5125.75 -- Balance of Payments Program

5125.7500 – Scope of subpart.

See the Department of the Army Pamphlet (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.

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