PGI 225.7018-4: Nonavailability determination.

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 (a) Individual nonavailability determinations.
-(1) The head of the contracting activity is authorized to make a nonavailability determination described in 225.7018-3
-(d) on an individual basis (i.e., applies to only one contract).
-(2) The supporting documentation for the determination shall include an analysis and written certification by the requiring activity that describes, with specificity, why alternatives that would not require a nonavailability determination are unacceptable. The template for an individual nonavailability determination is available at PGI 225.7018-4(a)(2).
-(3) Provide to USD(A&S) DASD (Industrial Policy), in accordance with the procedures at PGI 225.7018-4 (a)(4)--
-(i) A copy of individual nonavailability determinations with supporting documentation; and
-(ii) Notification when individual nonavailability determinations are requested, but denied.
-(b) Class nonavailability determinations. A class nonavailability determination (i.e., a nonavailability determinations that applies to more than one contract) requires the approval of the USD(A&S). Follow the procedures at PGI 225.7018-4 (b) when submitting a request for a class nonavailability determination.
-(1) At least 30 days before making a nonavailability determination that would apply to more than one contract, the USD(A&S) will, to the maximum extent practicable, and in a manner consistent with the protection of national security and confidential business information--
-(i) Publish a notice in the GPE (https://www.sam.gov) of the intent to make the nonavailability determination; and
-(ii) Solicit information relevant to such notice from interested parties, including producers of mill products from covered materials.
-(2) The USD(A&S)--
-(i) Will take into consideration all information submitted in response to the notice in making a class nonavailability determination;
-(ii) May consider other relevant information that cannot be made part of the public record consistent with the protection of national security information and confidential business information; and
-(iii) Will ensure that any such nonavailability determination and the rationale for the determination are made publicly available to the maximum extent consistent with the protection of national security and confidential business information.+(2) Contracting officers may use the following template for individual nonavailability determinations under this section: SUBJECT: Individual Nonavailability Determination Exception under DFARS 225.7018-4
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+PROGRAM, ITEM, OR PART DESCRIPTION: _____________________________ CONTRACT OR SOLICITATION NUMBER: ________________________________ BACKGROUND: Per the requirements of 10 U.S.C. 4872, DFARS 252.225-7052 prohibits acquisition of samarium-cobalt magnets, neodymium-iron-boron magnets, tantalum metal and alloys, tungsten metal powder, and tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy melted or produced in North Korea, China, Russia, and Iran. Per DFARS
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+225.7018-4, the Head of Contracting Activity (HCA) can authorize an exception to DFARS 252.225-7052 through an 'Individual Nonavailability Determination' if they determine that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price from a source other than a covered country. ANALYSIS OF ALTERNATIVES: See Attachment A for an analysis of why alternatives that would not require a nonavailability determination are unacceptable. CERTIFICATION: Based on the satisfactory quality, quantity, required form, timeliness, and/or reasonable price issues described in Attachment A, I hereby certify that the requirements for an individual nonavailability determination under DFARS 225.7018-4
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+have been met.___________________________________ Signature of Government Contracting Officer or Program Representative _______________ Date Official Action on Request: __ Approved __ Disapproved [If disapproved, give reason.] _____________________________________________________ ___________________________________ Signature of Head of Contracting Activity _______________ Date ATTACHMENT A: Analysis of Alternatives Required for an Individual Nonavailability Determination as per DFARS 225.7018-4
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+PART A: Data on Alternative Sources. [Can be completed either by Government or Contractor.] 1. Detailed information on current or proposed non-compliant DFARS 225.7018 source(s).
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+ITEM #
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+COMPONENT NAME
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+COVERED MATERIAL
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+CURRENT MANUFACTURER(S)
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+COUNTRY OF ORIGIN
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+MATERIAL SPECIFICATION OR GRADE
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+DELIVERY DATE AND LEAD TIME
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+QUANTITY REQUIRED
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+PRICE PER UNIT
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+TOTAL PRICE
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+1
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+2. Detailed market research conducted on alternative compliant DFARS 225.7018 source(s).
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+ITEM #
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+COVERED MATERIAL
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+POTENTIAL ALTERNATIVE MANUFACTURER(S)
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+COUNTRY OF ORIGIN
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+PROPOSED MATERIAL SPECIFICATION OR GRADE
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+DELIVERY DATE AND LEAD TIME
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+QUANTITY PROPOSED
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+PRICE PER UNIT
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+TOTAL PRICE
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+RE-DESIGN OR RE-QUALIFICATION COST
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+RE-DESIGN OR RE-QUALIFICATION COST TIMELINE
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+1
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+3. Other pertinent information regarding the need for a nonavailability determination based on satisfactory quality, quantity, required form, timeliness, and/or reasonable price: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ PART B: Analysis of Alternatives--Must be completed by a Government Representative I have verified the information in Part A and a nonavailability determination is requested for the following reason(s):
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+ITEM #
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+COVERED MATERIAL
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+NON-SATISFACTORY QUALITY
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+INSUFFICENT AVAILABLE QUANTITY
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+DOES NOT MET REQUIRED FORM
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+DOES NOT MEET TIMELINESS REQUIREMENTS FOR PROGRAM/CUSTOMER
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+UNREASONABLE PRICE PER UNIT
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+UNREASONABLE PRICE FOR RE-DESIGN OR RE-QUALIFICATION
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+1
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+___________________________________ Signature of Government Contracting Officer or Program Representative _______________ Date ATTACHMENT B: Definitions and Instructions As used in this document--
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+"Number" means the National Stock Number (NSN) or other part number applicable to a given component name;
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+"Component name" includes a description of the part and the name of the end item incorporating that part (e.g., "Actuator - Joint Direct Attack Munition" or "Sphere - M1028 Canister CTG");
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+"Covered material" means samarium-cobalt magnets, neodymium-iron-boron magnets, tantalum metal and alloys, tungsten metal powder, and tungsten heavy alloy or any finished / semi-finished component containing tungsten heavy alloy;
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+"Tungsten heavy alloy" means a tungsten base pseudo alloy that (1) meets the specifications of ASTM B777 or SAE-AMS-T-21014 for a particular class of tungsten heavy alloy or (2) contains at least 90% tungsten in a matrix of other metals (such as nickel-iron or nickel-copper) and has a density of at least 16.5 g/cm3
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+"Current manufacturer" means the entity that produces the covered material;
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+"Country of origin" means the location of the facility in which the current manufacturer produces the covered material;
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+Delivery date and lead time" includes (1) the date by which the covered material is required to produce the component name and (2) the administrative lead time and procurement lead time required by the manufacturer of the component name, to secure appropriate covered material; and
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+"Price per unit" means the unit price of the covered material;
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+For any determination under "Part B", the Head of Contracting Activity is required to produce a separate report describing why a particular exception is applicable to a given action.
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+(3)
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+Provide a copy of signed individual nonavailability determination and supporting documentation or notification when an individual waiver is requested, but denied to: OUSD(A&S) DASD, Industrial Policy U.S. Department of Defense 3330 Defense Pentagon, Room 3B854 Washington, DC 20301-3330 (b)(i) When requesting a class nonavailability determination, submit the request, including the proposed determination, to-- Principal Director, Defense Pricing, Contracting, and Acquisition Policy ATTN: OUSD(A&S) DPCAP/CP 3060 Defense Pentagon Washington, DC 20301-3060.
+(ii) The Principal Director, DPCAP, will forward the request to the Under Secretary of Defense (Acquisition and Sustainment) (USD(A&S)) as appropriate.