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  • Question

    Is there any sort of template for a waiver to the Buy American Act. I am looking for the wording used in this sort of waiver, to ensure that the waiver I am working on for the Navy is correct in nature.


    Answer

    For an appropriate D&F template, refer to DFARS PGI 225.872-4 Individual determinations at http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI225_8.htm and attached.

     

    (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 Act 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:

     

    Findings

     

      

    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 Act 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 Act 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.

     

      

    Determination

     

    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 offer described in this determination and findings.

       

            

    (Date)

     

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