(a) The following restrictions implement 10 U.S.C. (3) Acquisitions in support of contingency operations. Sure. (b) The following officials are authorized to approve the determination described in paragraph (a) of this section: (1) In the case of a program or project with an estimated lifecycle cost of less than $1 million, by the contracting officer. United Kingdom of Great Britain and Northern Ireland. (c) At any time during the acquisition process, the head of the agency determines that it is not in the public interest to apply the restrictions of the Balance of Payments Program to the end product or construction material. Insert in paragraph (b)(1) of the clause the name(s) of any foreign country customer(s) listed in 225.7303-4(b). 21, 2006, as amended at 78 FR 37988, June 25, 2013]. 86 FR 48338, Aug. 30, 2021, unless otherwise noted. (vi) Use the alternate V provision when the solicitation includes alternate V of the clause at 252.225-7036. These establishments do not generally develop any software or produce any audio or video content. Least developed country photovoltaic device means a photovoltaic device that -, (1) Is wholly manufactured in a least developed country; or. (i) Use the basic or the alternate of the clause at 252.225-7001, Buy American Act and Balance of Payments Program, instead of the clause at FAR 52.225-1, Buy American - Supplies, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, unless -. Source, when restricted by words such as foreign, domestic, or qualifying country, means the actual manufacturer or producer of the end product or component. This test is applied to end products only and not to individual components. Cost of doing business with a foreign government or an international organization. Free Trade Agreement country photovoltaic device means a photovoltaic device that -, (1) Is wholly manufactured in a Free Trade Agreement country; or. The Canadian government has waived notice of any change or modification that may be made, from time to time, in these commitments, obligations, or covenants. (2) Satisfactory quality items manufactured in the United States, Australia, or Canada, or the United Kingdom are not available. You're acquiring the right to use the softwarefor a specified period. (a) In accordance with Section 8111 of the Fiscal Year 1992 DoD Appropriations Act (Pub. [74 FR 37636, July 29, 2009, as amended at 75 FR 48280, Aug. 10, 2010; 79 FR 17446, Mar. The agreement is documented in a Letter of Offer and Acceptance (LOA) (see the Defense Security Cooperation Agency (DSCA) Security Assistance Management Manual (DSCA 5105.38-M)). (i) Use the basic provision if the solicitation includes the basic clause at 252.225-7021. (c) Congressional notification is required within 15 days of issuance of a determination to waive the prohibition for programs or projects valued at $40 million or more in accordance with paragraph (b)(4) of this section. 7309 and 7310 -, (a) Do not award a contract to construct in a foreign shipyard -, (1) A vessel for any of the armed forces; or, (2) A major component of the hull or superstructure of a vessel for any of the armed forces; and. developer resources. [68 FR 15621, Mar. (1) The program or project clearly contributes to United States national interests or strategic objectives; (2) The Government of Afghanistan has requested or expressed a need for the program or project; (3) The program or project has been coordinated with the Government of Afghanistan, and with any other implementing agencies or international donors; (4) Security conditions permit effective implementation and oversight of the program or project; (5) Safeguards to detect, deter, and mitigate corruption and waste, fraud, and abuse of funds are in place; (6) Adequate arrangements have been made for the sustainment of the program or project following its completion, including arrangements with respect to funding and technical capacity for sustainment; and. 31, 2003, as amended at 70 FR 73155, Dec. 9, 2005]. (iii) A spare part for foreign-manufactured vehicles, equipment, machinery, or systems, provided the acquisition is restricted to the original manufacturer or its supplier; (v) A brand drug specified by the Defense Medical Materiel Board; or. In accordance with 10 U.S.C. The Corporation may, at the time of submitting an offer, elect to quote and receive payment in terms of U.S. currency, in which case the contract -, (1) Shall provide for payment in U.S. currency; and. (c) Information on quality assurance delegations to foreign governments is in Subpart 246.4, Government Contract Quality Assurance. [80 FR 36902, June 26, 2015, as amended at 83 FR 24890, May 30, 2018]. Prohibition on contracting or subcontracting with a firm that is owned or controlled by the government of a country that is a state sponsor of terrorism. The head of the contracting activity, without power of redelegation, may approve the waiver, upon certification to the congressional defense committees that -, (1) The waiver of section 2821 is necessary to ensure an adequate supply of furnished energy for the covered military installation; and.

Business operations means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. The fact that DLA develops the supply codes suggests to me that they are thinking in terms of tangible items, not stuff like software, but I don't know.

Should PSC 7030 be used or is there a specific service code that should be used? ), and the Export Administration Regulations (15 CFR parts 730-774). NAICS definition. (ii) In order not to impair integration of the military and commercial industrial base. 2534(a) may be waived as follows: (1) The Under Secretary of Defense (Acquisition and Sustainment) (USD(A&S)), without power of delegation, may waive a restriction for a particular item for a particular foreign country upon determination that -, (i) United States producers of the item would not be jeopardized by competition from a foreign country, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country; or. (c) Provide a copy of the determination and findings to the House and Senate Committees on Appropriations. (a) Whenever the acquisition is in support of operations in Afghanistan, treat the offers of end products from South Caucasus or Central and South Asian states listed in 225.401-70 the same as qualifying country offers. Hand or measuring tools means those tools listed in Federal supply classifications 51 and 52, respectively. (ii) A tantalum metal, tantalum alloy, or tungsten heavy alloy mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component; (2) An electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to 10 U.S.C. This section implements the Defense Trade Cooperation (DTC) Treaties with Australia and the United Kingdom and the associated Implementing Arrangements for DoD solicitations and contracts that authorize prospective contractors and contractors to use the DTC Treaties to respond to DoD solicitations and in the performance of DoD contracts. (d) National security waiver. The required procedures for safeguarding classified defense information necessary for the performance of contracts awarded to qualifying country sources are in the National Industrial Security Program Operating Manual, 32 CFR part 117 (implemented for the Army by AR 380-49; for the Navy by SECNAV Instruction 5510.1H; for the Air Force by AFI 31-601; for the Defense Information Systems Agency by DCA Instruction 240-110-8; and for the National Imagery and Mapping Agency by NIMA Instruction 5220.22). (ii) At least one contract line item is intended to satisfy a U.S. DoD Treaty-eligible requirement. (b) Buy American - unreasonable cost. [71 FR 14112, Mar. !$gteb3\dqc@ksepKFk,WYk7ju!G'[2AYswcj0hE$//56/l8bHxh0 ;yU 31, 2003, unless otherwise noted. (a) Section 892 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. (a) As indicated in 225.870-4, the Canadian Commercial Corporation is the prime contractor. 2410g requires offerors and contractors to notify DoD of any intention to perform any part of a DoD contract outside the United States and Canada that -. (k) Acquisitions of waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives. (a) FMS customers may request that a defense article or defense service be obtained from a particular contractor. I am on a train with unreliable wifi going to aremoteplace with even less reliable wifi, if any. When contract termination is necessary, follow the procedures at 249.7000. (3) A 600 series item, as defined at 15 CFR 772.1.

L4YhpITpTxRppb)V@:z0P,F&@ j- u` W.e"$7Ms;nvh 2::2:8:!\ RT! ` Ih0t0itr; %"@H0Ar4X;@$> 4 v+ox)fbpd47`W (b) After contract award, the contracting officer shall review the requiring activity's progress reports (e.g., contracting officer's representative reports) that addresses whether access continues to be safe or security conditions continue to permit effective implementation and oversight of the contract. 225.403 World Trade Organization Government Procurement Agreement and Free Trade Agreements. This subpart prescribes the clauses that implement subparts 225.1 through 225.10. (b) Use the clause at 252.225-7054, Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items and solicitations and contracts at or below the simplified acquisition threshold, that are for the acquisition of furnished energy for a covered military installation. Indirect burden rates applicable to such direct costs are permitted at the same rates applicable to acquisitions of like items purchased by DoD for its own use. Follow the contract administration procedures at PGI 225.870-5. 2350a(g)). Use the estimated value of the construction materials to determine the approval level. (1) Procedures for the formation of contracts; (2) Terms and conditions for inclusion in contracts; (i) Goods grown, produced, or manufactured in the United States or in U.S. 26, 2007; 72 FR 63123, Nov. 8, 2007; 73 FR 11356, Mar. (1) At least 30 days before making a nonavailability determination that would apply to more than one contract, the USD(A&S) will, to the maximum extent practicable, and in a manner consistent with the protection of national security and confidential business information -, (i) Publish a notice on the Federal Business Opportunities website (www.FedBizOpps.gov) of the intent to make the nonavailability determination; and. Official websites use .gov (ii) The duty-free certificate shall be printed, stamped, or typed on the face of, or attached to, Customs Form 7501. chapter 83, Buy American, subject to the exceptions to that statute provided in the Trade Agreements Act of 1979 (19 U.S.C. The authorizing official generally may presume that there will not be an adverse effect on the U.S. industrial base. [80 FR 72603, Nov. 20, 2015, as amended at 83 FR 62499, Dec. 4, 2018]. High performance magnet means a permanent magnet that obtains a majority of its magnetic properties from rare earth metals (such as samarium). All I see is insistence. Also, unless some sort of additional services are being acquired with the software, it may or may not classify as a service for which the Service Contract Labor Standards statues apply (see DOL Field Handbook http://www.dol.gov/whd/FOH/FOH_Ch14.pdf). The Secretary of Defense may waive this restriction, on a case-by-case basis, after certifying to the Armed Services and Appropriations Committees of Congress that -, (a) Adequate U.S. supplies are not available to meet requirements on a timely basis; and. (6) Except as provided in paragraph (6)(iv) of this section, use the basic or an alternate of the clause at 252.225-7021, Trade Agreements, instead of the clause at FAR 52.225-5, Trade Agreements, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, if the World Trade Organization Government Procurement Agreement applies, i.e., the acquisition is of end products listed at 225.401-70, the value of the acquisition equals or exceeds $183,000, and none of the exceptions at 25.401(a) applies. (See 225.003(10) and the requirement in 205.301 for synopsis within 7 days after contract award when using this exception.). Information on the SPOT system is available at https://spot.dmdc.mil and http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html. The term does not include structural or mechanical parts of an assembly containing an electronic component and does not include any high performance magnets that may be used in the electronic component. Given that choice, theoriginal poster should choose supplies. FAR 12.212 tells us to acquire commercial software under the terms of commercial licenses unless those terms are inconsistent with Federal law. (4) Review prices of varying alternatives, quantities, and options needed to make price-performance tradeoffs. (i) The Secretary of the military department concerned is authorized, without power of redelegation, to make a domestic nonavailability determination that applies to only one contract. Foreign photovoltaic device means a photovoltaic device other than a domestic photovoltaic device. result, it may not include the most recent changes applied to the CFR. Evaluating Foreign Offers - Supply Contracts. For examples that illustrate the evaluation procedures in 225.502(c)(ii), see PGI 225.504. See PGI 225.7003-3(b)(6) for a table of applicability of specialty metals restrictions to magnets. (b) Acquisition of spare or repair parts needed to support components for naval vessels manufactured outside the United States. (d) Acquisitions outside the United States in support of combat operations. L. 110-181), as amended by section 842 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. 0 225.7003-5 Solicitation provision and contract clauses. You are using an unsupported browser. Follow the procedures at PGI 225.7018-4(b) when submitting a request for a class nonavailability determination. 28, 2022], Unless an exception at 225.7002-2 applies -. (4) Unless an exception in 225.770-3 applies, use the clause at 252.225-7007, Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies, in solicitations and contracts involving the delivery of items covered by the United States Munitions List or the 600 series of the Commerce Control List. (a) If the acquisition requires the performance of services or delivery of supplies in an area outside the United States, follow the procedures at PGI 225.370(a). (b) In accordance with section 8123 of the Department of Defense Appropriations Act, 2014 (Pub. Right? 73 FR 16774, Mar.

(b) Follow the procedures at PGI 225.7020-4(b) when entering into a contract on the basis of a joint determination. [68 FR 15621, Mar. (b) For restrictions on subcontracting with a firm, or a subsidiary of a firm, that is identified by the Secretary of Defense as being owned or controlled by the government of a country that is a state sponsor of terrorism, see 209.405-2.