(Revised December 8, 2017)
(b) Information on specific memoranda of understanding and other international agreements is available as follows:
(i) Memoranda of understanding and other international agreements between the United States and the countries listed in DFARS 225.872-1 are maintained in the Office of the Director of Defense Procurement and Acquisition Policy (Contract Policy and International Contracting) ((703) 697-9351, DSN 227-9351) and are available at http://www.acq.osd.mil/dpap/cpic/ic/reciprocal_procurement_memoranda_of_understanding.html.
(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 the United Kingdom of Great Britain and Northern Ireland, Western European countries, North Africa, and the Middle East are filed with the U.S. European Command.
(iv) Agreements with countries in the Pacific and Far East are filed with the U.S. Pacific Command.
When a contracting office anticipates placement of a contract for performance outside the United States and Canada, and the contracting office is not under the jurisdiction of a command for the country involved, the contracting office shall maintain liaison with the cognizant contract administration office (CAO) during preaward negotiations and postaward administration. The cognizant CAO can be found at http://home.dcma.mil/cassites/district.htm. The CAO will provide pertinent information for contract negotiations, effect appropriate coordination, and obtain required approvals for the performance of the contract.
(d)(i) The Canadian Commercial Corporation uses provisions in contracts with Canadian or U.S. concerns that give DoD the same production rights, data, and information that DoD would obtain in contracts with U.S. concerns.
(ii) The Government of Canada will provide the following services under contracts with the Canadian Commercial Corporation without charge to DoD:
(A) Contract administration services, including—
(1) Cost and price analysis;
(2) Industrial security;
(3) Accountability and disposal of Government property;
(4) Production expediting;
(5) Compliance with Canadian labor laws;
(6) Processing of termination claims and disposal of termination inventory;
(7) Customs documentation;
(8) Processing of disputes and appeals; and
(9) Such other related contract administration functions as may be required with respect to the Canadian Commercial Corporation contract with the Canadian supplier.
(B) Audits. The Public Works and Government Services Canada (PWGSC) performs audits, when needed, for contracts overseen by the Canadian Commercial Corporation, in accordance with international agreement.
(C) Inspection. The Department of National Defence (Canada) provides inspection personnel, services, and facilities, at no charge to DoD departments and agencies (see DFARS 225.870-7).
(iii) In accordance with DPAP Policy Memorandum dated June 5, 2013, PWGSC will perform audits without charge to DoD, including accounting system and interim voucher reviews, when needed for—
(A) DoD contracts awarded directly to Canadian firms;
(B) Subcontracts with Canadian firms under such direct contracts with Canadian firms; and
(C) Subcontracts with Canadian firms under DoD contracts with U.S. contractors.
(1) Assign contract administration in accordance with DFARS Part 242. When the Defense Contract Management Agency will perform contract administration in Canada, name in the contract the following payment office 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:
DFAS Columbus Center
DFAS-CO/North Entitlement Operations
PO Box 182266
Columbus, OH 43218-2266.
(2) The following procedures apply to cost-reimbursement type contracts:
(i) The PWGSC automatically arranges audits on contracts with the Canadian Commercial Corporation. Upon advice from PWGSC, the Canadian Commercial Corporation certifies the invoice and forwards it with Standard Form (SF) 1034, Public Voucher, to the administrative contracting officer for further processing and transmittal to the disbursing office.
(ii) For contracts placed directly with Canadian firms, the administrative contracting officer requests audits from the PWGSC, Ottawa, Ontario, Canada. Route requests for audit of non-Canadian Commercial Corporation contracts and subcontracts with Canadian contractors through the cognizant contract management office of the Defense Contract Management Agency.
(A) Within 25 days of the date of the audit request, PWGSC will provide—
(1) An acknowledgement of receipt form;
(2) An estimate of completion form; and
(3) A single point of contact to report the status of audit requests and the progress of audits.
(B) Audits will be completed within 24 months of the requested date for post-award audits.
(C) PWGSC will provide information to support the determination that the price is fair and reasonable.
(D) The PWGSC—
(1) Approves invoices on a provisional basis pending completion of the contract and final audit;
(2) Forwards these invoices, accompanied by SF 1034, Public Voucher, to the administrative contracting officer for further processing and transmittal to the disbursing officer; and
(3) Furnishes periodic advisory audit reports directly to the administrative contracting officer.
(1) For contracts placed in Canada, either with the Canadian Commerical Corporation or directly with Canadian suppliers, the Department of National Defence (Canada) will perform any necessary contract quality assurance and/or acceptance, as applicable.
(2) 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.
Forward any request for waiver under a cooperative project to the Deputy Secretary of Defense, through the Director of Defense Procurement and Acquisition Policy, Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics). The waiver request shall 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.
The cooperative project agreement is the authority for a contractual provision requiring the contractor to place certain subcontracts with particular subcontractors. No separate justification and approval during the acquisition process is required.
(1) Obtain signature of the determination and findings—
(i) At a level above the contracting officer, for acquisitions valued at or below the simplified acquisition threshold; or
(ii) By the chief of the contracting office, for acquisitions with a value greater than the simplified acquisition threshold.
(2) Prepare the determination and findings substantially as follows:
SERVICE OR AGENCY
Exemption of the Buy American and 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 25.103(a), the acquisition of a qualifying country end product may be made as follows:
1. The (contracting office) proposes to purchase under contract number ________________, (describe item) mined, produced, or manufactured in (qualifying 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 the Department of Defense will evaluate competitive offers of qualifying country end products mined, produced, or manufactured in (qualifying country) without imposing any price differential under the Buy American statute or the Balance of Payments Program and without taking applicable U.S. customs and duties into consideration so that such items may better compete for sales of defense equipment to the Department of Defense. In addition, the Agreement stipulates that acquisitions of such items shall 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 foregoing objectives, the solicitation contained the clause (title and number of the Buy American clause contained in the contract). Offers were solicited from other sources and the offer received from (offeror) is found to be otherwise eligible for award.
I hereby determine that it is inconsistent with the public interest to apply the restrictions of the Buy American statute or the Balance of Payments Program to the offer described in this determination and findings.
(b)(i) When contract administration services are required on contracts to be performed in qualifying countries, direct the request to the cognizant activity listed in the Federal Directory of Contract Administration Services. The cognizant activity also will arrange contract administration services for DoD subcontracts that qualifying country sources place in the United States.
(ii) The contract administration activity receiving a delegation shall determine whether any portions of the delegation are covered by memoranda of understanding annexes and, if so, shall delegate those functions to the appropriate organization in the qualifying country's government.
(1) Send requests for audit services in France, Germany, the Netherlands, or the United Kingdom to the administrative contracting officer at the cognizant activity listed in Section 2B of the Federal Directory of Contract Administration Services. See DFARS 225.870, PGI 225.870-1 (DFARS/PGI view), and PGI 225.870-5 (DFARS/PGI view) for procedures to request audit services for contracts overseen by the Canadian Commercial Corporation.
(2) Complete requests for audit services in France, Germany, the Netherlands, or the United Kingdom using the forms and information sheet with form completion instructions available at http://www.dcma.mil/Contact-Us/Division_I/ (click on “DCMA Foreign Contractors Pricing Support and Assist Audit Information Sheet”).
(1) The Government of the U.K. shall approve waiver of U.K. levies. 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—
(i) Name of the U.K. firm;
(ii) Prime contract number;
(iii) Description of item for which waiver is being sought;
(iv) Quantity being acquired; and
(v) Amount of levy.
(2) Waiver may occur after contract award. If levies are waived before contract award, evaluate the offer without the levy. If levies are identified but not waived before contract award, evaluate the offer inclusive of the levies.