48 C.F.R. PART 825—FOREIGN ACQUISITION
Title 48 - Federal Acquisition Regulations System
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
Source: 49 FR 12611, Mar. 29, 1984, unless otherwise noted.
(a) If articles, materials, and supplies required for a particular procurement are not excepted in FAR 25.108, or when only foreign bids or offers are received, the determination concerning nonavailability required by FAR 25.108(b) will be prepared by the contracting officer for foreign construction materials costing less than $1 million. Each determination will be factually supported in writing and included in the contract file. (b) Nonavailability determinations for foreign materials costing over $1 million must be requested by field facility contracting officers from the Deputy Assistant Secretary for Acquisition and Materiel Management (95). Each request for a determination must be fully justified with all pertinent facts. (c) A copy of all determinations made in accordance with paragraph (a) of this section shall be forwarded to the Deputy Assistant Secretary for Acquisition and Materiel Management (95) concurrently with the submissions required by FAR 25.108 (b) and (c). [49 FR 12611, Mar. 29, 1984, as amended at 50 FR 794, Jan. 7, 1985; 54 FR 40064, Sept. 29, 1989; 63 FR 69220, Dec. 16, 1998] When a determination is required under FAR 25.105, the contracting officer will submit the proposed award to the Deputy Assistant Secretary for Acquisition and Materiel Management (95) for approval by the Secretary. The submission will contain all the facts, including a comparison of all the bids or offers received, and any other pertinent information upon which a determination may be made. If approved, a report of the transaction will be prepared and submitted by the Deputy Assistant Secretary for Acquisition and Materiel Management in accordance with Executive Order 10582, dated December 17, 1954, as amended. [49 FR 12611, Mar. 29, 1984, as amended at 63 FR 69220, Dec. 16, 1998] The following items are added to the list of exceptions contained in FAR 25.108(d):
Glass, Wire Glass, Lead Insulin, Human. [52 FR 32012, Aug. 25, 1987] (a) If articles, materials, and supplies required for a particular procurement are not excepted in FAR 25.108, or when only foreign bids or offers are received, the determination concerning nonavailability required by FAR 25.202(a)(3) will be made by the contracting officer for foreign construction material costing $100,000 or less. Each determination will be factually supported in writing and included in the contract file. (b) Field facility contracting officers must request approval of nonavailability determinations from the Deputy Assistant Secretary for Acquisition and Materiel Management (95). (c) A copy of all determinations made in accordance with paragraph (a) of this section shall be forwarded to the Chief Facilities Management Officer, Office of Facilities Management, through the Deputy Assistant Secretary for Acquisition and Materiel Management (95). (d) Each solicitation will include the clause specified in 852.236–89. This provision reflects the general policy of not authorizing nondomestic materials on VA construction contracts. [49 FR 12611, Mar. 29, 1984, as amended at 50 FR 794, Jan. 7, 1985; 52 FR 32012, Aug. 25, 1987; 54 FR 40064, Sept. 29, 1989; 63 FR 69220, Dec. 16, 1998] When a contracting officer believes that the requirement of the “Buy American Act” is impracticable as provided in FAR 25.202(a)(2), or that it would be advantageous to VA to deviate from the provisions of the Act as authorized by FAR 25.203, authority to consummate the contract will be requested. The request containing all the facts, including a comparison of all the bids or offers received and any other pertinent information upon which a determination may be made, will be submitted through the Deputy Assistant Secretary for Acquisition and Materiel Management (95), for approval by the Secretary. If approved, a report of the transaction will be prepared and transmitted by the Chief Facilities Management Officer, Office of Facilities Management, in accordance with Executive Order 10582, dated December 17, 1954, as amended. [49 FR 12611, Mar. 29, 1984, as amended at 52 FR 32012, Aug. 25, 1987; 54 FR 40064, Sept. 29, 1989; 63 FR 69220, Dec. 16, 1998] When a contracting officer believes that the requirement of the “Balance of Payments Program” is not practicable as set forth in FAR 25.302 (b)(2) or (b)(3), he/she will request authority to consummate the contract through the Deputy Assistant Secretary for Acquisition and Materiel Management (95) for approval. Each request must be fully justified, containing all pertinent facts. [49 FR 12611, Mar. 29, 1984, as amended at 63 FR 69220, Dec. 16, 1998] In accordance with FAR 25.304(c), contracting officers will submit requests for determination to utilize excess or near-excess foreign currencies to the Deputy Assistant Secretary for Acquisition and Materiel Management (93). Should the regulations contained in FAR 25.6 be inadequate to meet particular needs of a contracting officer in clearing items through customs and/or obtaining Duty Free Entry of goods, the nearest Regional Office of the United States Customs Service should be contacted for technical assistance. These offices are located as follows:
Regional Commissioner, U.S. Customs Service, 100 Summer St., Boston, Massachusetts 02110 Regional Commissioner, U.S. Customs Service, 99 S.E. 5th St., Miami, Florida 33131 Regional Commissioner, U.S. Customs Service, 585 Felipe St., Houston, Texas 77057 Regional Commissioner, U.S. Customs Service, 6 World Trade Center, New York, New York 10048 Regional Commissioner, U.S. Customs Service, 423 Canal St., New Orleans, Louisiana 70130 Regional Commissioner, U.S. Customs Service, 300 N. Los Angeles St., Los Angeles, California 90053 Regional Commissioner, U.S. Customs Service, 55 E. Monroe St., Chicago, Illinois 60603 When felt to be in the best interest of the Government, the contracting officer may request exceptions to the requirements of FAR 25.7 for purchases in excess of $10,000 from the Secretary through the Deputy Assistant Secretary for Acquisition and Materiel Management (95). Each such request must be fully justified, containing all pertinent facts. [49 FR 12611, Mar. 29, 1984, as amended at 63 FR 69220, Dec. 16, 1998] Contracting officers may obtain technical information or guidance on international agreements and treaties for procurements outside the United States by contacting the Executive Director and Chief Operating Officer, VA National Acquisition Center. [49 FR 12611, Mar. 29, 1984, as amended at 63 FR 69220, Dec. 16, 1998] (a) If the contracting officer determines that the “Audit and Records—Negotiation” clause with Alternate III should be used after all efforts to include the basic clause have failed, and provided that use of Alternate III of the clause is authorized in the instances cited in FAR 25.901, he/she may request, with appropriate documentation, a determination from the Secretary, through the Deputy Assistant Secretary for Acquisition and Materiel Management (95). The Secretary, should he/she concur in the contracting officer's determination that the clause should be omitted, will then forward an agency request for omission of the clause to the Comptroller General for a final determination as required by FAR 25.901(c)(1). (b) All determinations to omit the “Audit and Records—Negotiation” clause will be supported by a determination and findings prepared by the contracting officer containing the information set forth in FAR 25.901(d). The completed determination and findings will be made a part of the contract file. One copy of the determination and findings will be forwarded to the Deputy Assistant Secretary for Acquisition and Materiel Management (95). [49 FR 12611, Mar. 29, 1984, as amended at 54 FR 40064, Sept. 29, 1989. Redesignated and amended at 63 FR 69220, Dec. 16, 1998. Further redesignated at 67 FR 49258, July 30, 2002] (a) The Buy American Act (41 U.S.C. 10a–d), except as modified by the Trade Agreements Act (TAA) and the North American Free Trade Agreement (NAFTA)), requires that only domestic construction material shall be used in the performance of contracts for construction. To clarify VA's position on foreign material, the contracting officer shall insert the clause at 852.236–89, Buy American Act, in solicitations and contracts for construction that contain the FAR clause at 52.225–9, Buy American Act'Balance of Payments Program'Construction Materials. (b) For solicitations and contracts for construction that include the FAR clause at 52.225–11, Buy American Act'Balance of Payment Program'Construction Materials Under Trade Agreements, with its Alternate I (i.e., subject only to the TAA), insert the clause at 852.236–89, Buy American Act, with its Alternate I. (c) For solicitations and contracts that include the FAR clause at 52.225–11 without its Alternate I (i.e., subject to both the TAA and NAFTA), insert the clause at 852.236–89, Buy American Act, with its Alternate II. [67 FR 49258, July 30, 2002]
Title 48: Federal Acquisition Regulations System
PART 825—FOREIGN ACQUISITION
Section Contents
825.102 Policy.
825.102-70 Nonavailability in the United States.
825.105 Evaluating offers.
825.108 Excepted articles, materials and supplies.
825.202 Policy.
825.202-70 Nonavailability in the United States.
825.203 Evaluating offers.
825.302 Policy.
825.302-70 Deviations from the Balance of Payments Program.
825.304 Excess and near-excess foreign currencies.
825.304-70 Determination of feasibility to use excess or near-excess foreign currency.
825.603 Procedures.
825.603-70 Technical assistance.
825.703 Exceptions.
825.870 Technical assistance
825.1001 Waiver of right to examination of records.
825.1102 Solicitation provisions and contract clauses.
Subpart 825.1—Buy American Act—Supplies
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825.102 Policy.
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825.102-70 Nonavailability in the United States.
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825.105 Evaluating offers.
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825.108 Excepted articles, materials and supplies.
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Subpart 825.2—Buy American Act—Construction Materials
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825.202 Policy.
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825.202-70 Nonavailability in the United States.
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825.203 Evaluating offers.
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Subpart 825.3—Balance of Payments Program
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825.302 Policy.
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825.302-70 Deviations from the Balance of Payments Program.
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825.304 Excess and near-excess foreign currencies.
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825.304-70 Determination of feasibility to use excess or near-excess foreign currency.
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Subpart 825.6—Customs and Duties
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825.603 Procedures.
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825.603-70 Technical assistance.
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Subpart 825.7—Restrictions on Certain Foreign Purchases
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825.703 Exceptions.
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Subpart 825.8—International Agreements and Coordination
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825.870 Technical assistance
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Subpart 825.10—Additional Foreign Acquisition Regulations
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825.1001 Waiver of right to examination of records.
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Subpart 825.11—Solicitation Provisions and Contract Clauses
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825.1102 Solicitation provisions and contract clauses.
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