(Revised
December 18, 2008)
225.7000 Scope of subpart.
225.7001 Definitions.
225.7002 Restrictions on food, clothing, fabrics,
specialty metals, and hand or measuring tools.
225.7002-1 Restrictions.
225.7002-2 Exceptions.
225.7002-3 Contract clauses.
225.7003 Waiver of restrictions
of 10 U.S.C. 2534.
225.7004 Restriction on
acquisition of foreign buses.
225.7004-1 Restriction.
225.7004-2 Applicability.
225.7004-3 Exceptions.
225.7004-4 Waiver.
225.7005 Restriction on certain
chemical weapons antidote.
225.7005-1 Restriction.
225.7005-2 Exception.
225.7005-3 Waiver.
225.7006
225.7006-1 Restriction.
225.7006-2 Exceptions.
225.7006-3 Waiver.
225.7006-4 Solicitation
provision and contract clause.
225.7007 Restrictions on anchor
and mooring chain.
225.7007-1 Restrictions.
225.7007-2 Waiver.
225.7007-3 Contract clause.
225.7008 Reserved.
225.7009 Restriction on ball and
roller bearings.
225.7009-1 Scope.
225.7009-2 Restriction.
225.7009-3 Exception.
225.7009-4 Waiver.
225.7009-5 Contract clause.
225.7010 Reserved.
225.7011 Restriction on carbon,
alloy, and armor steel plate.
225.7011-1 Restriction.
225.7011-2 Waiver.
225.7011-3 Contract clause.
225.7012 Restriction on
supercomputers.
225.7012-1 Restriction.
225.7012-2 Waiver.
225.7012-3 Contract clause.
225.7013 Restrictions on
construction or repair of vessels in foreign shipyards.
225.7014 Restriction on overseas
military construction.
225.7015 Restriction on overseas
architect-engineer services.
225.7016 Restriction on research
and development.
225.7017 Restriction on
Ballistic Missile Defense research, development, test, and evaluation.
225.7017-1 Definitions.
225.7017-2 Restriction.
225.7017-3 Exceptions.
225.7017-4 Solicitation
provision.
225.7000 Scope of subpart.
(a) This subpart contains restrictions on the
acquisition of foreign products and services, imposed by DoD appropriations and
authorization acts and other statutes.
Refer to the acts to verify current applicability of the restrictions.
(b) Nothing in this subpart affects the
applicability of the Buy American Act or the Balance of Payments Program.
225.7001 Definitions.
As used in this subpart—
(a) “Bearing components” is defined in the clause
at 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings.
(b) “Component” is defined in the clauses at
252.225-7012, Preference for Certain Domestic Commodities, and 252.225-7016,
Restriction on Acquisition of Ball and Roller Bearings.
(c) “Hand or measuring tools” means those tools
listed in Federal supply classifications 51 and 52, respectively.
(d) “Specialty metals” is defined in the clause
at 252.225-7014, Preference for Domestic Specialty Metals.
225.7002 Restrictions on food, clothing, fabrics,
specialty metals, and hand or measuring tools.
225.7002-1 Restrictions.
The following restrictions implement 10 U.S.C. 2533a (the “Berry
Amendment”). Except as provided in
subsection 225.7002-2, do not acquire--
(a) Any of the following items, either as end
products or components, unless the items have been grown, reprocessed, reused,
or produced in the
(1) Food.
(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia. For additional guidance and examples, see PGI 225.7002-1(a)(2) (Pop-up Window or PGI Viewer Mode).
(3) Tents, tarpaulins, or covers.
(4) Cotton and other natural fiber products.
(5) Woven silk or woven silk blends.
(6) Spun silk yarn for cartridge cloth.
(7) Synthetic fabric or coated synthetic fabric,
including all textile fibers and yarns that are for use in such fabrics.
(8) Canvas products.
(9) Wool (whether in the form of fiber or yarn or
contained in fabrics, materials, or manufactured articles).
(10) Any item of individual equipment (Federal
Supply Class 8465) manufactured from or containing any of the fibers, yarns,
fabrics, or materials listed in this paragraph (a).
(b) Specialty metals, including stainless steel
flatware, unless the metals were melted in steel manufacturing facilities
located within the
(c) Hand or measuring tools, unless the tools
were produced in the
225.7002-2 Exceptions.
Acquisitions in the following categories are not subject to the
restrictions in 225.7002-1:
(a) Acquisitions at or below the simplified acquisition
threshold.
(b) Acquisitions of any of the items in
225.7002-1(a) or (b), if the Secretary concerned determines that items grown,
reprocessed, reused, or produced in the United States cannot be acquired as and
when needed in a satisfactory quality and sufficient quantity at U.S. market
prices. (See the requirement in 205.301
for synopsis within 7 days after contract award when using this exception.)
(1) The following officials are authorized,
without power of redelegation, to make such a domestic nonavailability
determination:
(i) The Under Secretary of Defense (Acquisition,
Technology, and Logistics).
(ii) The Secretary of the Army.
(iii) The Secretary of the Navy.
(iv) The Secretary of the Air Force.
(2) The supporting documentation for the
determination shall include—
(i) An analysis of alternatives that would not
require a domestic nonavailability determination; and
(ii) A written certification by the requiring
activity, with specificity, why such alternatives are unacceptable.
(3) Defense agencies shall follow the procedures
at PGI 225.7002-2(b)(3) (Pop-up Window or PGI Viewer Mode) when submitting a request for a domestic
nonavailability determination.
(4) If an official listed in paragraph (b)(1)(ii)
through (iv) of this subsection makes a domestic nonavailability determination
for the acquisition of titanium or a product containing titanium, that official
shall—
(i) Notify the congressional defense committees
at least 10 days before the award of a contract that relies on such a
determination; and
(ii) Provide a copy of the notification and the
determination to the Director, Defense Procurement and Acquisition Policy, as
specified in PGI 225.7002-2(b)(4) (Pop-up Window or PGI Viewer Mode).
(5) Follow the procedures at PGI 225.7002-2(b)(5)
(Pop-up Window or PGI Viewer Mode)
for reciprocal use of domestic nonavailability determinations.
(c) Acquisitions of items listed in FAR
25.104(a), unless the items are hand or measuring tools.
(d) Acquisitions outside the
(e) Acquisitions of perishable foods by or for activities
located outside the
(f) Acquisitions of food, specialty metals, or
hand or measuring tools—
(1) In support of contingency operations; or
(2) For which the use of other than competitive
procedures has been approved on the basis of unusual and compelling urgency in
accordance with FAR 6.302-2.
(g) Emergency acquisitions by activities located
outside the
(h) Acquisitions by vessels in foreign waters.
(i) Acquisitions of items specifically for
commissary resale.
(j) Acquisitions of incidental amounts of cotton,
other natural fibers, or wool incorporated in an end product, for which the
estimated value of the cotton, other natural fibers, or wool--
(1) Is not more than 10 percent of the total
price of the end product; and
(2) Does not exceed the simplified acquisition
threshold.
(k) Acquisitions of waste and byproducts of
cotton or wool fiber for use in the production of propellants and explosives.
(l) Acquisitions of foods manufactured or
processed in the
(m) Purchases of specialty metals by
subcontractors at any tier for programs other than—
(1) Aircraft;
(2) Missile and space systems;
(3) Ships;
(4)
Tank-automotive;
(5) Weapons; and
(6) Ammunition.
(n) Acquisitions of
specialty metals when the acquisition furthers an agreement with a qualifying
country (see 225.872).
(o) Acquisitions of
fibers and yarns that are for use in synthetic fabric or coated synthetic
fabric (but not the purchase of the synthetic or coated synthetic fabric
itself), if¾
(1) The fabric
is to be used as a component of an end product that is not a textile
product. Examples of textile products,
made in whole or in part of fabric, include¾
(i)
Draperies, floor coverings, furnishings, and bedding (Federal Supply
Group 72, Household and Commercial Furnishings and Appliances);
(ii) Items
made in whole or in part of fabric in Federal Supply Group 83,
Textile/leather/furs/apparel/findings/tents/flags, or Federal Supply Group 84,
Clothing, Individual Equipment and Insignia;
(iii)
Upholstered seats (whether for household, office, or other use); and
(iv)
Parachutes (Federal Supply Class 1670); or
(2) The fibers and yarns are para-aramid fibers
and yarns manufactured in a qualifying country.
(p) Acquisitions of chemical warfare protective
clothing when the acquisition furthers an agreement with a qualifying country. (See 225.872 and the requirement in 205.301
for synopsis within 7 days after contract award when using this exception.)
(q) Acquisitions of commercially available
off-the-shelf items containing specialty metals. This exception does not apply when the
specialty metal (e.g., raw stock) is acquired directly by the Government or by
a prime contractor for delivery to the Government as the end item.
225.7002-3 Contract clauses.
Unless an exception
applies—
(a) Use the clause at
252.225-7012, Preference for Certain Domestic Commodities, in solicitations and
contracts exceeding the simplified acquisition threshold.
(b)(1) Use the clause at
252.225-7014, Preference for Domestic Specialty Metals, in solicitations and
contracts exceeding the simplified acquisition threshold that require delivery
of an article containing specialty metals.
(2) Use the clause with its Alternate I in solicitations
and contracts exceeding the simplified acquisition threshold requiring
delivery, for one of the following major programs, of an article containing
specialty metals:
(i) Aircraft.
(ii) Missile and space systems.
(iii) Ships.
(iv) Tank-automotive.
(v) Weapons.
(vi) Ammunition.
See DoD Class Deviation 2008-O0002,
Implementation of New Specialty Metals Restriction, issued on January 29, 2008. This deviation is effective until
incorporated into the DFARS or rescinded.
See PGI 225.7002-3 (Pop-up Window or PGI Viewer Mode) for guidance on use of this deviation.
(c) Use the clause at
252.225-7015, Restriction on Acquisition of Hand or Measuring Tools, in solicitations
and contracts exceeding the simplified acquisition threshold that require
delivery of hand or measuring tools.
225.7003 Waiver of restrictions
of 10 U.S.C. 2534.
(a) The waiver
procedures of this section apply only if specifically authorized by reference elsewhere
in this subpart. The restrictions on
certain foreign purchases under 10 U.S.C. 2534(a) may be waived as follows:
(1)(i) The Under
Secretary of Defense (Acquisition, Technology, and Logistics), without power of
delegation, may waive a restriction for a particular item for a particular
foreign country upon determination that¾
(A)
United States producers of the item would not be jeopardized by
competition from a foreign country, and that country does not discriminate
against defense items produced in the United States to a greater degree than
the United States discriminates against defense items produced in that country;
or
(B)
Application of the restriction would impede cooperative programs entered
into between DoD and a foreign country, or would impede the reciprocal
procurement of defense items under a memorandum of understanding providing for
reciprocal procurement of defense items under 225.872, and that country does
not discriminate against defense items produced in the United States to a
greater degree than the United States discriminates against defense items
produced in that country.
(ii) A
notice of the determination to exercise the waiver authority shall be published
in the Federal Register and submitted to the congressional defense committees
at least 15 days before the effective date of the waiver.
(iii) The
effective period of the waiver shall not exceed 1 year.
(iv) For
contracts entered into prior to the effective date of a waiver, provided
adequate consideration is received to modify the contract, the waiver shall be
applied as directed or authorized in the waiver to¾
(A)
Subcontracts entered into on or after the effective date of the waiver;
and
(B) Options for the procurement of items that are
exercised after the effective date of the waiver, if the option prices are
adjusted for any reason other than the application of the waiver.
(2) The head of
the contracting activity may waive a restriction on a case-by-case basis upon
execution of a determination and findings that any of the following applies:
(i) The restriction would cause unreasonable
delays.
(ii)
Satisfactory quality items manufactured in the
(iii)
Application of the restriction would result in the existence of only one
source for the item in the
(iv)
Application of the restriction is not in the national security interests
of the
(v)
Application of the restriction would adversely affect a
(3) A
restriction is waived when it would cause unreasonable costs. The cost of an item of
(b) In accordance with
the provisions of paragraphs (a)(1)(i) through (iii) of this section, the Under
Secretary of Defense (Acquisition, Technology, and Logistics) has waived the
restrictions of 10 U.S.C. 2534(a) for certain items manufactured in the United
Kingdom, including air circuit breakers for naval vessels (see 225.7006). This waiver applies to—
(1) Procurements
under solicitations issued on or after August 4, 1998; and
(2) Subcontracts
and options under contracts entered into prior to August 4, 1998, under the
conditions described in paragraph (a)(1)(iv) of this section.
225.7004 Restriction on
acquisition of foreign buses.
225.7004-1 Restriction.
In accordance with 10
U.S.C. 2534, do not acquire a multipassenger motor vehicle (bus) unless it is
manufactured in the
225.7004-2 Applicability.
Apply this restriction
if the buses are purchased, leased, rented, or made available under contracts
for transportation services.
225.7004-3 Exceptions.
This restriction does
not apply in any of the following circumstances:
(a) Buses manufactured
outside the
(b) The requirement for
buses is temporary in nature. For
example, to meet a special, nonrecurring requirement or a sporadic and
infrequent recurring requirement, buses manufactured outside the
(c) Buses manufactured outside the
(d) The acquisition is
for an amount at or below the simplified acquisition threshold.
225.7004-4 Waiver.
The waiver criteria at
225.7003(a) apply to this restriction.
225.7005 Restriction on certain
chemical weapons antidote.
225.7005-1 Restriction.
In accordance with 10
U.S.C. 2534 and defense industrial mobilization requirements, do not acquire
chemical weapons antidote contained in automatic injectors, or the components
for such injectors, unless the chemical weapons antidote or component is
manufactured in the United States or Canada by a company that—
(a) Is a producer under
the industrial preparedness program at the time of contract award;
(b) Has received all
required regulatory approvals; and
(c) Has the plant,
equipment, and personnel to perform the contract in the
225.7005-2 Exception.
This restriction does
not apply if the acquisition is for an amount at or below the simplified
acquisition threshold.
225.7005-3 Waiver.
The waiver criteria at
225.7003(a) apply to this restriction.
225.7006
Restriction on air circuit breakers for naval
vessels.
225.7006-1 Restriction.
In accordance with 10
U.S.C. 2534, do not acquire air circuit breakers for naval vessels unless they
are manufactured in the
225.7006-2 Exceptions.
This restriction does
not apply if the acquisition is—
(a) For an amount at or
below the simplified acquisition threshold; or
(b) For spare or repair
parts needed to support air circuit breakers manufactured outside the
225.7006-3 Waiver.
(a) The waiver criteria
at 225.7003(a) apply to this restriction.
(b) The Under Secretary
of Defense (Acquisition, Technology, and Logistics) has waived the restriction
for air circuit breakers manufactured in the
225.7006-4 Solicitation
provision and contract clause.
(a) Use the provision at
252.225-7037, Evaluation of Offers for Air Circuit Breakers, in solicitations
requiring air circuit breakers for naval vessels unless--
(1) An exception
applies; or
(2) A waiver has
been granted, other than the waiver for the
(b) Use the clause at
252.225-7038, Restriction on Acquisition of Air Circuit Breakers, in
solicitations and contracts requiring air circuit breakers for naval vessels
unless--
(1) An exception
applies; or
(2) A waiver has
been granted, other than the waiver for the
225.7007 Restrictions on anchor
and mooring chain.
225.7007-1 Restrictions.
(a) In
accordance with Section 8041 of the Fiscal Year 1991 DoD Appropriations Act
(Pub. L. 101-511) and similar sections in subsequent DoD appropriations acts,
do not acquire welded shipboard anchor and mooring chain, four inches or less
in diameter, unless--
(1) It is
manufactured in the United States, including cutting, heat treating, quality
control, testing, and welding (both forging and shot blasting process); and
(2) The cost of
the components manufactured in the
(b) 10 U.S.C. 2534 also
restricts acquisition of welded shipboard anchor and mooring chain, four inches
or less in diameter, when used as a component of a naval vessel. However, the Appropriations Act restriction
described in paragraph (a) of this subsection takes precedence over the restriction
of 10 U.S.C. 2534.
225.7007-2 Waiver.
(a) The Secretary of the
department responsible for acquisition may waive the restriction in
225.7007-1(a), on a case-by-case basis, if--
(1) Sufficient
domestic suppliers are not available to meet DoD requirements on a timely
basis; and
(2) The
acquisition is necessary to acquire capability for national security purposes.
(b) Document the waiver
in a written determination and findings containing--
(1) The factors
supporting the waiver; and
(2) A
certification that the acquisition must be made in order to acquire capability
for national security purposes.
(c) Provide a copy of
the determination and findings to the House and Senate Committees on
Appropriations.
225.7007-3 Contract clause.
Unless a waiver has been
granted, use the clause at 252.225-7019, Restriction on Acquisition of Anchor
and Mooring Chain, in solicitations and contracts requiring welded shipboard
anchor or mooring chain four inches or less in diameter.
225.7008 Reserved.
225.7009 Restriction on ball and
roller bearings.
225.7009-1 Scope.
This section implements Section 8065
of the Fiscal Year 2002 DoD Appropriations Act (Pub. L. 107-117) and the same
restriction in subsequent DoD appropriations acts.
225.7009-2 Restriction.
Do not acquire ball and roller
bearings or bearing components unless the bearings and bearing components are
manufactured in the
225.7009-3 Exception.
The restriction in 225.7009-2 does
not apply to contracts or subcontracts for the acquisition of commercial items,
except for commercial ball and roller bearings acquired as end items.
225.7009-4 Waiver.
The Secretary of the department
responsible for acquisition or, for the Defense Logistics Agency, the Component
Acquisition Executive, may waive the restriction in 225.7009-2, on a
case-by-case basis, by certifying to the House and Senate Committees on
Appropriations that--
(a) Adequate domestic supplies are not available
to meet DoD requirements on a timely basis; and
(b) The acquisition must be made in order to
acquire capability for national security purposes.
225.7009-5 Contract clause.
Use the clause at 252.225-7016,
Restriction on Acquisition of Ball and Roller Bearings, in solicitations and
contracts, unless—
(a) The items being acquired are commercial items
other than ball or roller bearings acquired as end items;
(b) The items being acquired do not contain ball
and roller bearings; or
(c) A waiver has been granted in accordance with
225.7009-4.
225.7010 Reserved.
225.7011 Restriction on carbon,
alloy, and armor steel plate.
225.7011-1 Restriction.
(a) In accordance with
Section 8111 of the Fiscal Year 1992 DoD Appropriations Act (Pub. L. 102-172)
and similar sections in subsequent DoD appropriations acts, do not acquire any
of the following types of carbon, alloy, or armor steel plate for use in
a Government-owned facility or a facility under the control of (e.g., leased
by) DoD, unless it is melted and
rolled in the United States or Canada:
(1) Carbon, alloy, or armor steel plate in
Federal Supply Class 9515.
(2) Carbon, alloy, or armor steel plate described
by specifications of the American Society for Testing Materials or the American
Iron and Steel Institute.
(b) This restriction—
(1) Applies to the acquisition of carbon, alloy,
or armor steel plate as a finished steel mill product that may be used “as is”
or may be used as an intermediate material for the fabrication of an end
product; and
(2) Does not apply to the acquisition of an end
product (e.g., a machine tool), to be used in the facility, that contains
carbon, alloy, or armor steel plate as a component.
225.7011-2 Waiver.
The Secretary of the
department responsible for acquisition may waive this restriction, on a
case-by-case basis, by certifying to the House and Senate Committees on
Appropriations that—
(a) Adequate
(b) The acquisition must
be made in order to acquire capability for national security purposes.
225.7011-3 Contract clause.
Unless a waiver has been
granted, use the clause at 252.225-7030, Restriction on Acquisition of Carbon,
Alloy, and Armor Steel Plate, in solicitations and contracts that—
(a) Require the delivery
to the Government of carbon, alloy, or armor steel plate that will be used in a
Government-owned facility or a facility under the control of DoD; or
(b) Require contractors
operating in a Government-owned facility or a facility under the control of DoD
to purchase carbon, alloy, or armor steel plate.
225.7012 Restriction on
supercomputers.
225.7012-1 Restriction.
In accordance with
Section 8112 of Pub. L. 100-202, and similar sections in subsequent DoD
appropriations acts, do not purchase a supercomputer unless it is manufactured
in the
225.7012-2 Waiver.
The Secretary of Defense
may waive this restriction, on a case-by-case basis, after certifying to the
Armed Services and Appropriations Committees of Congress that—
(a) Adequate
(b) The acquisition must
be made in order to acquire capability for national security purposes.
225.7012-3 Contract clause.
Unless a waiver has been
granted, use the clause at 252.225-7011, Restriction on Acquisition of
Supercomputers, in solicitations and contracts for the acquisition of
supercomputers.
225.7013 Restrictions on
construction or repair of vessels in foreign shipyards.
In accordance with 10
U.S.C. 7309 and 7310—
(a) Do not award a
contract to construct in a foreign shipyard--
(1) A vessel for
any of the armed forces; or
(2) A major
component of the hull or superstructure of a vessel for any of the armed
forces; and
(b) Do not overhaul,
repair, or maintain in a foreign shipyard, a naval vessel (or any other vessel
under the jurisdiction of the Secretary of the Navy) homeported in the
225.7014 Restriction on overseas
military construction.
For restriction on award
of military construction contracts to be performed in the
225.7015 Restriction on overseas
architect-engineer services.
For restriction on award
of architect-engineer contracts to be performed in
225.7016 Restriction on research
and development.
(a) In accordance with
Pub. L. 92-570, do not use DoD appropriations to make an award to any foreign
corporation, organization, person, or entity, for research and development in
connection with any weapon system or other military equipment, if there is a
(1) Equally
competent; and
(2) Willing to
perform at a lower cost.
(b) This restriction
does not affect the requirements of FAR Part 35 for selection of research and
development contractors. However, when a
225.7017 Restriction on
Ballistic Missile Defense research, development, test, and evaluation.
225.7017-1 Definitions.
“Competent,” “foreign
firm,” and “U.S. firm” are defined in the provision at 252.225-7018, Notice of
Prohibition of Certain Contracts with Foreign Entities for the Conduct of
Ballistic Missile Defense Research, Development, Test, and Evaluation.
225.7017-2 Restriction.
In accordance with
Section 222 of the DoD Authorization Act for Fiscal Years 1988 and 1989 (Pub.
L. 100-180), do not use any funds appropriated to or for the use of DoD to
enter into or carry out a contract with a foreign government or firm, including
any contract awarded as a result of a broad agency announcement, if the
contract provides for the conduct of research, development, test, and
evaluation (RDT&E) in connection with the Ballistic Missile Defense
Program.
225.7017-3 Exceptions.
This restriction does
not apply—
(a) To contracts awarded
to a foreign government or firm if the contracting officer determines that--
(1) The contract
will be performed within the
(2) The contract
is exclusively for RDT&E in connection with antitactical ballistic missile
systems; or
(3) The foreign
government or firm agrees to share a substantial portion of the total contract
cost. Consider the foreign share as substantial
if it is equitable with respect to the relative benefits that the
(b) If the head of the
contracting activity certifies in writing, before contract award, that a U.S.
firm cannot competently perform a contract for RDT&E at a price equal to or
less than the price at which a foreign government or firm would perform the
RDT&E. The contracting officer or
source selection authority, as applicable, shall make a determination, in
accordance with PGI 225.7017-3(b) (Pop-up Window or PGI Viewer Mode), that will be the basis for the
certification.
225.7017-4 Solicitation
provision.
Unless foreign
participation is otherwise excluded, use the provision at 252.225-7018, Notice
of Prohibition of Certain Contracts With Foreign Entities for the Conduct of
Ballistic Missile Defense Research, Development, Test, and Evaluation, in
competitively negotiated solicitations for RDT&E in connection with the
Ballistic Missile Defense Program.