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SUBPART 225.8--OTHER INTERNATIONAL AGREEMENTS AND COORDINATION

(Revised August 31, 2000)

 

 



 225.801 General.
 225.802 Procedures.
 225.802-70
 225.802-71 End user certificates.
 225.870 Contracting with Canadian contractors.
 225.870-1 General.
 225.870-2 Solicitation of Canadian contractors.
 225.870-3 Submission of offers.
 225.870-4 Contracting procedures.
 225.870-5 Contract administration.
 225.870-6 Termination procedures.
 225.870-7 Acceptance of Canadian supplies.
 225.870-8 Industrial security.
 225.871 North Atlantic Treaty Organization (NATO) cooperative projects.
 225.871-1 Scope.
 225.871-2 Definitions.
 225.871-3 General.
 225.871-4 Statutory waivers.
 225.871-5 Directed subcontracting.
 225.871-6 Disposal of property.
 225.871-7 Congressional notification.
 225.872 Contracting with qualifying country sources.
 225.872-1 General.
 225.872-2 Applicability.
 225.872-3 Solicitation procedures.
 225.872-4 Evaluation of offers.
 225.872-5 Contract administration.
 225.872-7 Industrial security for qualifying countries.
 225.872-8 Subcontracting with qualifying country sources.
 225.873 Waiver of United Kingdom commercial exploitation levies.
 225.873-1 Policy.
 225.873-2 Procedures.
 225.873-3 Contract clause.


225.801  General.

 

      (1)  Treaties and agreements between the U.S. and foreign governments affect both—

 

              (i)  The way offers from foreign contractors are evaluated in DoD acquisitions; and

 

              (ii)  Performance of DoD contracts in foreign countries.

 

      (2)  This subpart covers acquisition policy and procedures based on treaties and international agreements.

 

      (3)  Information on specific agreements is available as follows--

 

              (i)  Memoranda of understanding (MOU) and other international agreements between the United States and the countries listed in 225.872-1 are maintained in the Foreign Contracting Directorate, Office of the Director of Defense Procurement and Acquisition Policy ((703) 697-9351, DSN 227-9351).

 

              (ii)  Military Assistance Advisory Groups, Naval Missions, and Joint U.S. Military Aid Groups normally have copies of the agreements applicable to the countries concerned.

 

              (iii)  Copies of international agreements covering existing agreements in the United Kingdom of Great Britain and Northern Ireland, Western European countries, North Africa, and in the Middle East are filed with the U.S. European Command (EUCOM).

 

              (iv)  Agreements with countries in the Pacific and Far East are filed with the U.S. Pacific Command (CINCPAC).

 

225.802  Procedures.

 

225.802-70     Contracts for performance outside the United States and Canada.

 

      (a)  When a purchasing activity anticipates placement of a contract for performance outside the United States or Canada and the contracting activity is not under the command jurisdiction of a unified or specified command for the country involved, the purchasing activity shall maintain liaison with the cognizant contract administration office (CAO) during preaward negotiations and postaward administration.  The CAO will provide pertinent information for contract negotiations, effect appropriate coordination, and obtain required approvals for the performance of the contract.

 

      (b)  Where the acquisition requires the performance of work in the foreign country by U.S. personnel or a third country contractor, or where the acquisition will require logistics support for contract employees, source inspection, or additional Government employees—

 

              (1)  The contracting activity must coordinate with the cognizant contract administration office before contract award.

 

              (2)  The contracting officer shall request the following information from the contract administration office—

 

                    (i)  The applicability of any international agreements to the acquisition;

 

                    (ii)  Security requirements applicable to the area;

 

                    (iii)  The standards of conduct required to be observed by the prospective contractor and its employees, and any action that may be taken in the event required standards are not maintained;

 

                    (iv)  Requirements for use of foreign currencies, including applicability of U.S. holdings of excess foreign currencies;

 

                    (v)  Availability of logistics support for contractor employees; and

 

                    (vi)  Information on taxes and duties from which the Government may be exempt.

 

              (3)  The contracting officer shall furnish the following information to the contract administration office—

 

                    (i)  A synopsis of the work to be performed and, if practical, a copy of the solicitation;

 

                    (ii)  Any contractor logistical support desired in support of U.S. or foreign military sale requirements;

 

                    (iii)  Contract performance period and estimated contract value;

 

                    (iv)  Number and nationality of contractor employees and date of planned arrival of contractor personnel;

 

                    (v)  Contract security requirements; and

 

                    (vi)  Other pertinent information to effect complete coordination and cooperation.

 

225.802-71  End user certificates.

Contracting officers considering the purchase of an item from a foreign source may encounter a request for the signing of a certificate to the effect that the Armed Forces of the United States is the end user of the equipment, and that it will not be transferred to third parties without authorization from the Government of the country selling the item.  When encountering this situation, refer to DoD Directive 2040.3, End User Certificates, for guidance.

 

225.870  Contracting with Canadian contractors.

 

225.870-1  General.

 

      (a)  The Canadian Government guarantees to the U.S. Government all commitments, obligations, and covenants of the Canadian Commercial Corporation under any contract or order issued to the Corporation by any contracting activity of the U.S. Government.  The Canadian Government has waived notice of any change or modification which may be made, from time to time, in these commitments, obligations, or covenants.

 

      (b)  For production planning purposes, Canada is considered to be part of the defense industrial base (see 225.870-2(b)).

 

      (c)  Contracts with contractors located in Canada should be awarded to and administered by the Canadian Commercial Corporation, except for—

 

              (1)  Negotiated purchases for experimental, developmental, or research work unless the contract is for a project under the Defense Development Sharing Program;

 

              (2)  Purchases of unusual or compelling urgency;

 

              (3)  Small purchases; or

 

              (4)      Purchases made by DoD activities located in Canada.

 

      (d)  The Canadian Commercial Corporation, in placing contracts with Canadian or U.S. concerns, uses provisions in the contracts that give DoD the same production rights, data, and information that DoD would obtain in contracts with U.S. concerns.

 

      (e)  When contracts are placed with the Canadian Commercial Corporation, the government of Canada will provide the following services, without charge to DoD departments and agencies—

 

              (1)  Contract administration services, including—

 

                    (i)  Cost and pricing analysis;

 

                    (ii)  Industrial security;

 

                    (iii)  Accountability and disposal of Government property;

 

                    (iv)  Production expediting;

 

                    (v)  Compliance with Canadian labor laws;

 

                    (vi)  Processing termination claims and disposing of termination inventory;

 

                    (vii)  Customs documentation;

 

                    (viii)  Processing of disputes and appeals; and

 

                    (ix)  Such other related contract administration functions as may be required with respect to the Canadian Commercial Corporation contract with the Canadian supplier; and

 

              (2)  Audits.  When required, audits are performed by the Audit Service Group, Supply and Services Canada.  Requests for audit on non-Canadian Commercial Corporation contracts should be routed through the cognizant contract management office of the Defense Contract Management Agency.

 

              (3)  Inspection.  The Department of National Defence (Canada) provides inspection personnel, services, and facilities, at no charge to DoD departments and agencies (see 225.870-7).

 

225.870-2  Solicitation of Canadian contractors.

 

      (a)  Except for the acquisitions in 225.870-1(c)(1) through (4), include Canadian firms onbidders mailing lists and comparable source lists only at the request of the Canadian Commercial Corporation.

 

      (b)  Include Canadian planned producers under the Industrial Readiness Planning Program on bidders mailing lists for their planned items (see FAR 14.205-1).

 

      (c)  Send solicitations directly to Canadian firms appearing on the appropriate bidders mailing lists.  Send a complete copy of the solicitation and a listing of Canadian firms solicited to the Canadian Commercial Corporation, 11th Floor, 50 O'Connor Street, Ottawa, Ontario, K1A-0S6, Canada.

 

      (d)  Furnish a solicitation, if requested, to the Canadian Commercial Corporation even if no Canadian firm is solicited.

 

      (e)  Handle small purchases (see FAR Part 13) directly with Canadian firms and not through the Canadian Commercial Corporation.

 

225.870-3  Submission of offers.

 

      (a)  As indicated in 225.870-4, the Canadian Commercial Corporation is the prime contractor.  To indicate acceptance of offers by individual Canadian companies, the Canadian Commercial Corporation issues a letter, supporting the Canadian offer, containing the following information—

 

              (1)  Name of the Canadian offeror;

 

              (2)  Confirmation and endorsement of the offer in the name of the Canadian Commercial Corporation; and

 

              (3)  A statement that the Corporation shall subcontract 100 percent with the offeror.

 

      (b)  When a Canadian offer cannot be processed through the Canadian Commercial Corporation in time to meet the bid-opening requirement or the closing date for receipt of proposals, the Corporation may permit Canadian firms to submit offers directly.  The Canadian Commercial Corporation's endorsement of award, however, must be received by the contracting officer before contract award.

 

      (c)  All sealed bids will be submitted by the Canadian Commercial Corporation in terms of U.S. currency.  Do not adjust contracts awarded under sealed bidding for losses or gains from fluctuation in exchange rates.

 

      (d)  Except for sealed bids, all offers and quotations submitted by the Canadian Commercial Corporation are normally in terms of Canadian currency.  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 shall—

 

              (1)  Provide for payment in U.S. currency; and

 

              (2)  Shall not be adjusted for losses or gains from fluctuation in exchange rates.

 

225.870-4  Contracting procedures.

 

      (a)  Award individual contracts covering purchases from suppliers located in Canada, except for those in 225.870-1(c)(1) through (4), to the Canadian Commercial Corporation, 11th Floor, 50 O'Connor Street, Ontario, Canada, K1A-0S6. 

 

      (b)  Direct communication with the Canadian supplier is authorized and encouraged in connection with all technical aspects of the contract; provided, that the Corporation's approval is obtained on any matters involving changes to the contract.

 

      (c)  Identify in the contract, the type of currency, i.e., U.S. or Canadian.  Contracts that provide for payment in Canadian currency shall quote the contract price in terms of Canadian dollars and shall identify the amount by the initials CN; e.g., $1,647.23CN.  The contract shall clearly indicate on its face the U.S./Canadian conversion rate at the time of award and the U.S. dollar equivalent of the Canadian dollar contract amount.

 

225.870-5  Contract administration.

 

      (a)  Assign contract administration in accordance with Part 242.  When contract administration is performed in Canada by the cognizant contract management office of the Defense Contract Management Agency, the paying office to be named in the contract for disbursement of DoD funds (DoD Department Code:  17-Navy; 21-Army; 57-Air Force; 97-all other DoD components), whether payment is in Canadian or U.S. dollars, shall be:

 

DFAS-Columbus Center

DFAS-CO/New Dominion Division

PO Box 182041

Columbus, OH  43218-2041

 

      (b)  For cost-reimbursement type contracts—

 

              (1)  Audits on contracts with the Canadian Commercial Corporation (CCC) are automatically arranged by the Department of Supplies and Services (DSS), Canada.  Audit reports are furnished to DSS.  Upon advice from DSS, the CCC will certify the invoice and forward it with SF 1034, Public Voucher, to the administrative contracting officer for further processing and transmittal to the disbursing office.

 

              (2)  On contracts placed directly with Canadian firms, the administrative contracting officer requests audits from the Audit Services Bureau (ASB), Ottawa, Ontario, Canada.

 

                    (i)  Invoices are approved by the ASB/DSS auditor on a provisional basis pending completion of the contract and final audit.

 

                    (ii)  The ASB/DSS forwards these invoices, accompanied by SF 1034, Public Voucher, to the administrative contracting officer for further processing and transmittal to the disbursing officer.

 

                    (iii)  ASB/DSS furnishes periodic advisory audit reports directly to the administrative contracting officer.

 

225.870-6  Termination procedures.

 

      (a)  The Canadian Commercial Corporation will continue administering contracts that may be terminated by the U.S. contracting officer.

 

      (b)  The Corporation will settle all Canadian subcontracts in accordance with the policies, practices, and procedures of the Canadian Government.

 

      (c)  The U.S. agency administering the contract with the Canadian Commercial Corporation shall provide any services required by the Canadian Commercial Corporation, including disposal of inventory, for settlement of any subcontracts placed in the United States.  Settlement of such U.S. subcontracts is made under this regulation.

 

225.870-7  Acceptance of Canadian supplies.

 

      (a)  When contracts placed in Canada, either with the Canadian Commerical Corporation or directly with Canadian suppliers, require contract quality assurance (CQA) and/or acceptance before shipment, CQA and/or acceptance, as applicable, will be performed by the Department of National Defence (Canada), under paragraph 6 of the Letter of Agreement.

 

      (b)  Signature by the Department of National Defence (Canada) quality assurance representative on the DoD inspection and acceptance form is satisfactory evidence of acceptance for payment purposes.

 

225.870-8  Industrial security.

Industrial security for Canada shall be in accordance with the U.S.-Canada Industrial Security Agreement of March 31, 1952, as amended.

 

225.871  North Atlantic Treaty Organization (NATO) cooperative projects.

 

225.871-1  Scope.

 

      (a)  This section provides guidance on awarding contracts based on NATO cooperative projects.

 

      (b)  The authority is 22 U.S.C. 2767 and 10 U.S.C. 2350b.

 

225.871-2  Definitions.

 

      (a)  “Cooperative project” means a jointly managed arrangement—

 

              (1)  Described in a written agreement between the parties;

 

              (2)  Undertaken to further the objectives of standardization, rationalization, and interoperability of the armed forces of North Atlantic Treaty Organization member countries; and

 

              (3)  Providing for—

 

                    (i)  One or more of the other participants to share with the United States the cost of research and development, testing, evaluation, or joint production (including follow-on support) of certain defense articles;

 

                    (ii)  Concurrent production in the United States and in another member country of a defense article jointly developed; or

 

                    (iii)  Acquisition by the United States of a defense article or defense service from another member country.

 

      (b)  “Other participant” means a cooperative project participant other than the United States.

 

225.871-3  General.

 

      (a)  Cooperative project authority.

 

              (1)  Departments or agencies, that have authority to do so, may enter into a cooperative project agreement with NATO or with one or more member countries of that organization under DoDD 5530.3, International Agreements.

 

              (2)  Under laws and regulations governing the negotiation and implementation of cooperative project agreements, departments and agencies may enter into contracts, or incur other obligations, on behalf of other participants without charge to any appropriation or contract authorization.

 

              (3)  Agency heads have authority to solicit and award contracts to implement cooperative projects.

 

      (b)  Contracts implementing cooperative projects shall comply with all applicable laws relating to Government acquisition, unless a waiver is granted under 225.871-4.  A waiver of certain laws and regulations may be obtained if—

 

              (1)  Required by the terms of a written cooperative project agreement;

 

              (2)  It will significantly further NATO standardization, rationalization, and interoperability; and

 

              (3)  It is approved by the appropriate DoD official.

 

225.871-4  Statutory waivers.

 

      (a)  The Deputy Secretary of Defense may waive for contracts or subcontracts placed outside the United States any provision of law that specifically prescribes—

 

              (1)  Procedures for the formation of contracts;

 

              (2)  Terms and conditions for inclusion in contracts;

 

              (3)  Requirements for, or preferences to be given—

 

                    (i)  To goods grown, produced, or manufactured in the United States or in U.S. Government-owned facilities; or

 

                    (ii)  For services to be performed in the United States; or

 

              (4)  Requirements regulating the performance of contracts.

 

      (b)  There is no authority for waiver of—

 

              (1)  Any provision of the Arms Export Control Act (22 U.S.C. 2751);

 

              (2)  Any provision of 10 U.S.C. 2304;

 

              (3)  The cargo preference laws of the United States, including the Military Cargo Preference Act of 1904 (10 U.S.C. 2631) and the Cargo Preference Act of 1954 (46 U.S.C. 1241(b)); or

 

              (4)  Any of the financial management responsibilities administered by the Secretary of the Treasury.

 

      (c)  If a waiver is contemplated under the terms of a cooperative project agreement, forward a request for the waiver to the Deputy Secretary of Defense, through the Director of Defense Procurement and Acquisition Policy.  The waiver request must include a draft Determination and Findings for signature by the Deputy Secretary of Defense establishing that the waiver is necessary to significantly further NATO standardization, rationalization, and interoperability.

 

      (d)  The approval of the Deputy Secretary of Defense must be obtained before committing to make waivers in an agreement or an amendment to an agreement or contract.

 

225.871-5  Directed subcontracting.

 

      (a)  The Director of Defense Procurement and Acquisition Policy may authorize the direct placement of subcontracts with particular subcontractors.  Directed subcontracting is not authorized unless specifically addressed in the cooperative project agreement.

 

      (b)  In some instances, it may not be feasible to name specific subcontractors at the time the agreement is concluded.  The general provisions for work sharing at the prime and subcontractor level, however, must be clearly delineated in the agreement.  This will provide the authority necessary to implement such arrangements during the acquisition phase.

 

      (c)  The agreement is the authority necessary for including a contractual provision requiring the prime contractor to place certain subcontracts with particular subcontractors.  No separate justification and approval during the acquisition process is required.

 

225.871-6  Disposal of property.

Dispose of property that is jointly acquired by the members of a cooperative project under the procedures established in the agreement or in a manner consistent with the terms of the agreement.

 

225.871-7  Congressional notification.

 

      (a)  Congress must be notified whenever DoD determines to award a prime contract or subcontract to a particular contractor if the determination was not part of the certification made under Section 27(f) of the Arms Export Control Act before finalizing the cooperative agreement.

 

              (1)  Departments and agencies must provide a proposed Congressional notice to the Director of Defense Procurement and Acquisition Policy, Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics), in sufficient time to forward to Congress before the time of contract award.

 

              (2)  The proposed notice shall include the reason why the authority to designate a particular contractor or subcontractor should be used.

 

      (b)  Congressional notification is also required each time a statutory waiver is exercised under 225.871-4, if such information was not provided in the certification to Congress before finalizing the cooperative agreement.  Exercise of the waiver means a contract award or modification which provides for a statutory exception.

 

225.872  Contracting with qualifying country sources.

 

225.872-1  General.

 

      (a)  As a result of memoranda of understanding and other international agreements, the DoD has determined it inconsistent with the public interest to apply restrictions of the Buy American Act/Balance of Payments Program to the acquisition of defense equipment which is mined, produced, or manufactured in any of the following countries (referred to in this part as “qualifying countries”)—

 

Australia

Belgium

Canada

Denmark

Egypt

Federal Republic of Germany

France

Greece

Israel

Italy

Luxembourg

Netherlands

Norway

Portugal

Spain

Turkey

United Kingdom of Great Britain and Northern Ireland

 

      (b)  Individual acquisitions for products of the following qualifying countries may, on a purchase-by-purchase basis, be exempted from application of the Buy American Act and Balance of Payments Program as inconsistent with the public interest—

 

Austria

Finland

Sweden

Switzerland

 

      (c)  The determination in paragraph (a) of this subsection does not limit the authority of the cognizant Secretary to restrict acquisitions to domestic sources or reject an otherwise acceptable offer from a qualifying country source in instances where considered necessary for national defense reasons.

 

225.872-2  Applicability.

 

      (a)  This section applies to all acquisitions of supplies except where restricted by—

 

              (1)  Provision of U.S. National Disclosure Policy (NDP), DoDD 5230.11, Disclosure of Classified Military Information to Foreign Governments and International Organizations;

 

              (2)  U.S. defense mobilization base requirements purchased under the authority of FAR 6.302-3(a)(2)(i) except for quantities in excess of that required to maintain the defense mobilization base.  This restriction does not apply to Canadian planned producers—

 

                    (i)  Review individual solicitations to determine whether this restriction applies.

 

                    (ii)  Information concerning restricted items may be obtained from the Deputy Under Secretary of Defense (Industrial Affairs);

 

              (3)  Other U.S. laws or regulations (e.g., the annual defense appropriations act); and

 

              (4)  U.S. industrial security requirements.

 

      (b)  This section does not apply to construction contracts.

 

225.872-3  Solicitation procedures.

 

      (a)  Include qualifying country sources on bidders mailing lists and comparable source lists upon their request (see FAR 14.205).

 

      (b)  Except for items developed under the U.S./Canadian Development Sharing Program, use the criteria for soliciting and making awards under FAR Part 19 for small business concerns without regard to whether there are potential qualifying country sources for the end product.  Do not consider an offer of a qualifying country end product if the solicitation is identified for the exclusive participation of small business firms.

 

      (c)  Send solicitations directly to qualifying country sources.  Solicit Canadian sources through the Canadian Commercial Corporation in accordance with 225.870.

 

      (d)  Use international air mail if solicitation destinations are outside the United States and security classification permits such use (see FAR 14.202 and FAR 14.203).

 

      (e)  If unusual technical or security requirements preclude the acquisition of otherwise acceptable defense equipment from qualifying country sources, review the need for such requirements.  Do not impose unusual technical or security requirements solely for the purpose of precluding the acquisition of defense equipment from qualifying countries.

 

      (f)  Do not automatically exclude qualifying country sources from submitting offers because their supplies have not been tested and evaluated by the department/agency.

 

              (1)  Consider the adequacy of qualifying country service testing on a case-by-case basis.  Departments or agencies that must limit solicitations to sources whose items have been service tested and evaluated by the department/agency shall consider supplies from qualifying country sources that have been tested and accepted by the qualifying country for service use.

 

              (2)  The department/agency may perform a confirmatory test, if necessary.

 

              (3)  Apply U.S. test and evaluation standards, policies, and procedures when the department/agency decides that confirmatory tests of qualifying country end products are necessary.

 

              (4)  Where it appears that these provisions might adversely delay service programs, obtain the concurrence of the DoD Acquisition Executive, Under Secretary of Defense (Acquisition, Technology, and Logistics), before excluding the qualifying country source from consideration.

 

      (g)  Permit industry representatives from a qualifying country to attend symposia, program briefings, prebid conferences (see FAR 14.207 and 15.201(c)), and similar meetings that address U.S. defense equipment needs and requirements.  When practical, structure these meetings to allow attendance by representatives of qualifying country concerns.

 

225.872-4  Evaluation of offers.

 

      (a)  Qualifying country sources competing for DoD requirements must be responsive to the terms and conditions of DoD solicitations.

 

      (b)  Evaluate offers of end products from the qualifying country sources in 225.872-1(a) without application of the 50 percent Buy American Act or Balance of Payments Program evaluation factor, in accordance with 225.304 and 225.502.

 

      (c)  Evaluate offers of end products from the qualifying country sources in 225.872-1(b) without application of the 50 percent Buy American Act or Balance of Payments Program evaluation factor.  If the offer, as evaluated, is low or otherwise eligible for award, the contracting officer shall request an exemption of the Buy American Act/Balance of Payments Program as inconsistent with the public interest, unless another exception such as the Trade Agreements Act applies.

 

              (1)  To obtain an exemption, process a Determination and Findings for signature—

 

                    (i)  At a level above the contracting officer, for acquisitions of $25,000 or less;

 

                    (ii)  By the chief of the contracting office, for acquisitions of $250,000 or less;

 

                    (iii)  By the head of the contracting activity (HCA), for acquisitions of $2 million or less; or

 

                    (iv)  By the head of the agency, or designee at a level no lower than an HCA, for acquisitions over $2 million.

 

              (2)  The Determination and Findings shall be substantially as follows for end items, or modified as necessary for components—

 

SERVICE OR AGENCY

 

Exemption of the Buy American Act/Balance of Payments Program

 

Determination and Findings

 

Upon the basis of the following findings and determination which I hereby make in accordance with the provisions of FAR 25.102, acquisition of (qualifying country-identify country) (describe item) may be made as provided below.

 

Findings

 

1.

The (contracting activity) proposes to purchase under contract number, ________________, mined, produced, or manufactured in (country of origin).  The total estimated cost of this acquisition is ____________________.

2.

The United States Government and the Government of _____________ have agreed to remove barriers to procurement at the prime and subcontract level for defense equipment produced in each other's countries insofar as laws and regulations permit.

3.

The agreement provides that competitive offers of (qualifying country) end products will be evaluated by the Department of Defense without imposing any price differential under the Buy American Act or Balance of Payments Program and without taking applicable U.S. customs and duties into consideration so that (qualifying country) items may better compete, for sales of defense equipment to the Department of Defense.  In addition, the Agreement stipulates that acquisitions of (qualifying country) items must fully satisfy Department of Defense requirements for performance, quality, and delivery and shall cost the Department of Defense no more than would comparable U.S. source or other foreign source defense equipment eligible for award.

4.

To achieve the above objectives, the solicitation contained the (title and number of the Buy American Act clause contained in the contract).  Offers were solicited from other sources and the offer received for (qualifying country end item) is found to be otherwise eligible for award.

 

Determination

 

Pursuant to the Buy American Act and Balance of Payments Program, I hereby determine that it is inconsistent with the public interest to apply the restrictions of the Buy American Act or the Balance of Payments Program to the proposed offer.

 

 

 

 

(Date)

 

225.872-5  Contract administration.

 

      (a)  Arrangements exist with some qualifying countries to provide reciprocal contract administration services.  Some arrangements are at no cost to either government.  To determine whether such an arrangement has been negotiated and what contract administration functions are covered, contact the Deputy Director of Defense Procurement (Foreign Contracting), ((703) 697-9351, DSN 227-9351).

 

      (b)  When contract administration services are required on contracts to be performed in qualifying countries, direct the request to the cognizant activity under DLAH 4105.4, Section II, Part 2 (DoD Directory of Contract Administration Services Components).  Contract administration services for DoD subcontracts placed by qualifying country sources in the United States will be arranged by the cognizant activity under DLAH 4105.4, Section II, Part 2.

 

      (c)  The contract administration activity receiving a delegation or secondary delegation shall review the delegation to determine whether any portions of the delegation are covered by memoranda of understanding annexes, and delegate those functions to the appropriate organization in the qualifying country's government.

 

      (d)  Information on quality assurance delegations to foreign governments is in Subpart 246.4, Government Contract Quality Assurance.

 

225.872-6  Audit.

 

      (a)  Memoranda of understanding with some qualifying countries contain annexes that provide for reciprocal “no-cost” audits of contracts and subcontracts (pre- and post-award).

 

      (b)  To determine if such an annex is applicable to a particular qualifying country, contact the Deputy Director of Defense Procurement and Acquisition Policy (Foreign Contracting), ((703) 697-9351/2/3, DSN 227-9351/2/3).

 

      (c)  Handle requests for audits in qualifying countries under 215.404-2(c).

 

              (1)  Except for the United Kingdom (UK), send the request to the administrative contracting officer at the cognizant activity listed in Section 2B of the Federal Directory of Contract Administration Services Components.  Send the request for audit from the UK directly to their Ministry of Defence.

 

              (2)  Send an advance copy of the request to the focal point identified by the Foreign Contracting Directorate, Office of the Director of Defense Procurement and Acquisition Policy.

 

225.872-7  Industrial security for qualifying countries.

The required procedures for safeguarding classified defense information necessary for the performance of contracts awarded to qualifying country sources are in the DoD Industrial Security Regulation DoD 5220.22-R (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).

 

225.872-8  Subcontracting with qualifying country sources.

In reviewing contractor subcontracting procedures, the contracting officer shall ensure that the prime contract does not preclude qualifying country sources from competing for subcontracts, except when restricted by national security interest reasons, mobilization base considerations, or applicable U.S. laws or regulations.  (See the clause at 252.225-7002, Qualifying Country Sources as Subcontractors.)

 

225.873  Waiver of United Kingdom commercial exploitation levies.

 

225.873-1  Policy.

DoD and the Government of the United Kingdom (U.K.) have agreed to waive U.K. commercial exploitation levies and U.S. nonrecurring cost recoupment charges on a reciprocal basis.  In order for U.K. levies to be waived, they must be identified and a waiver must be requested before award of the contract or subcontract under which the levies are charged.

 

225.873-2  Procedures.

 

      (a)  Waiver of U.K. levies must be approved by the Government of the U.K.  When an offeror or contractor identifies a levy included in an offered or contract price, the contracting officer shall provide written notification to the Defense Security Cooperation Agency, ATTN:  PSD-PMD, 1111 Jefferson Davis Highway, Arlington, VA 22202-4306, telephone (703) 601-3864.  The Defense Security Cooperation Agency will request a waiver of the levy from the Government of the U.K.  The notification shall include—

 

              (1)  Name of the U.K. firm;

 

              (2)  Prime contract number;

 

              (3)  Description of item for which waiver is being sought;

 

              (4)  Quantity being acquired; and

 

              (5)  Amount of levy.

 

      (b)  Waiver may occur after contract award.  Where levies are waived before contract award, the offer will be evaluated without the levy.  Where levies are identified but not waived before contract award, the offer will be evaluated inclusive of the levies.

 

225.873-3  Contract clause.

Use the clause at 252.225-7032, Waiver of United Kingdom Levies, in all solicitations and contracts for supplies—

 

      (a)  Where U.K. firms are expected to participate as offerors/prime contractors; or

 

      (b)  If a subcontract over $1 million with a U.K. firm is anticipated.

 


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