subpart 225.71--other restrictions on foreign ACQUISITION

(Revised February 7, 2005)

 

 

 225.7100 Scope of subpart
 225.7101 Definitions
 225.7102 Forgings
 225.7102-1 Policy
 225.7102-2 Exceptions
 225.7102-3 Waiver
 225.7102-4 Contract clause
 225.7103 Polyacrylonitrile (PAN) carbon fiber
 225.7103-1 Policy
 225.7103-2 Waivers
 225.7103-3 Contract clause


225.7100  Scope of subpart.

This subpart contains foreign product restrictions that are based on policies designed to protect the defense industrial base.

 

225.7101  Definitions.

“Domestic manufacture” is defined in the clause at 252.225-7025, Restriction on Acquisition of Forgings.

 

225.7102  Forgings.

 

225.7102-1  Policy.

When acquiring the following forging items, whether as end items or components, acquire items that are of domestic manufacture to the maximum extent practicable:

 

ITEMS	CATEGORIES
Ship propulsion shafts	Excludes service and landing craft shafts
Periscope tubes	All
Ring forgings for bull gears	All greater than 120 inches in diameter

 

225.7102-2  Exceptions.

The policy in 225.7102-1 does not apply to acquisitions—

 

      (a)  Using simplified acquisition procedures, unless the restricted item is the end item being purchased;

 

      (b)  Overseas for overseas use; or

 

      (c)  When the quantity acquired exceeds the amount needed to maintain the U.S. defense mobilization base (provided the excess quantity is an economical purchase quantity).  The requirement for domestic manufacture does not apply to the quantity above that required to maintain the base, in which case, qualifying country sources may compete.

 

225.7102-3  Waiver.

Upon request from a contractor, the contracting officer may waive the requirement for domestic manufacture of the items listed in 225.7102-1.

 

225.7102-4  Contract clause.

Use the clause at 252.225-7025, Restriction on Acquisition of Forgings, in solicitations and contracts, unless—

 

      (a)  The supplies being acquired do not contain any of the items listed in 225.7102-1; or

 

      (b)  An exception in 225.7102-2 applies.  If an exception applies to only a portion of the acquisition, specify the excepted portion in the solicitation and contract.

 

225.7103  Polyacrylonitrile (PAN) carbon fiber.

 

225.7103-1  Policy.

DoD has imposed restrictions on the acquisition of PAN carbon fiber from foreign sources.  DoD is phasing out the restrictions over the period ending May 31, 2006.  Contractors with contracts that contain the clause at 252.225-7022 shall use U.S. or Canadian manufacturers or producers for all PAN carbon fiber requirements.

 

225.7103-2  Waivers.

With the approval of the chief of the contracting office, the contracting officer may waive, in whole or in part, the requirement of the clause at 252.225-7022.  For example, a waiver may be justified if a qualified U.S. or Canadian source cannot meet scheduling requirements.

 

225.7103-3  Contract clause.

Use the clause at 252.225-7022, Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber, in solicitations and contracts for major systems issued on or before May 31, 2006, if the system is not yet in development and demonstration (milestone B as defined in DoDI 5000.2).