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5 U.S.C. 301-302, 6 U.S.C. 453b, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3.
74 FR 41349, Aug. 17, 2009, unless otherwise noted.
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Subscribe to: 48 CFR 3025.7002-2
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Acquisitions in the following categories are not subject to the restrictions in (HSAR) 48 CFR 3025.7002-1:
(a) Acquisitions at or below the simplified acquisition threshold.
(b) Acquisition of items not directly related to national security interests of the United States.
(c) Acquisitions of any of the items otherwise covered by (HSAR) 48 CFR 3025.7002-1, if the Chief Procurement Officer determines that the item grown, reprocessed, reused, or produced in the United States cannot be acquired as and when needed in a satisfactory quality and sufficient quantity at United States market prices. When this exception is used—
(1) Only the DHS Chief Procurement Officer is authorized to make the domestic nonavailability determination.
(2) The DHS Component, not later than 7 days after the award of the contract, must post a notification that the exception has been applied on the Government-wide point of entry, which may be combined with any synopsis of award.
(3) The supporting documentation for the CPO determination prepared by the DHS Component(s) shall include—
(i) An analysis of alternatives that would not require a domestic nonavailability determination; and
(ii) A written justification by the requiring activity, with specificity, why such alternatives are unacceptable.
(d) Acquisitions of items listed in (FAR) 48 CFR 25.104.
(e) Emergency acquisitions by activities located outside the United States.
(f) Acquisitions by vessels in foreign waters.
(g) The acquisition of covered items in 3052.7002-1(a) and (b) containing non-compliant fibers when the total value of the non-compliant fibers contained in the end item does not exceed 10 percent of the total purchase price of the end item.
(h) Acquisitions of items otherwise covered by (HSAR) 48 CFR 3025.7002-1(a) and (b) for which restricting a procurement of the items to those that have been grown, reprocessed, reused, or produced in the United States would be inconsistent with United States obligations under international agreements. Acquisitions of products that are eligible products per (FAR) 48 CFR subpart 25.4 are not covered by these restrictions; see (HSAR) 48 CFR 3025.7002-3 for specific application of trade agreements.2
[74 FR 41349, Aug. 17, 2009, as amended at 89 FR 92852, Nov. 25, 2024]