Sign In
  • Question

    Can a single D&F be used to make a nonavailability determination for exception to the Buy American statute for multiple different construction materials (for example, an air conditioning system, 2 routers, and 4 lighting timers) on the same procurement? Or does a separate D&F need to be done for each specific construction material? If a single D&F can be done, does including three separate items (1 air conditioning system, 2 routers, and 4 lighting timers) in a single D&F affect the approval level at which the D&F must be approved? For example, if each different construction material is under the simplified acquisition threshold (SAT), can a level above the contracting officer approve the D&F (per DFARS 225.103(b)(ii))? Or, because the total of the three items is over the SAT but less than $1.5 million, does the chief of the contracting office have to approve?


    Answer

    Short answer is yes with some caveats. However, a D&F shall ordinarily be for an individual contract action FAR 1.702(a). But in actuality, this will depend on your Agency procedures, leadership, and legal counsel because you are defining the individual contract action in construction terms. Either way, you will need to provide the needed D&F information. (FAR 1.704 - Content).  The legal counsel or leadership may prefer either a class D&F, or separate D&Fs, because the requirements are related supplies or services for your contract action. (FAR 1.703).
     
    Approval would coincide with the dollar value of the D&F. If all three were combined, then the higher dollar value would prevail and you would need to get approval from your Agency policies. Although this involves some work, it is cleaner and simpler to create three D&F’s since they are all below the Simplified Acquisition Threshold. (FAR 1.702 – General).


    Open full Question Details