Buy American Act

[mikdaaly2]

I have read through some of the BAA posts on hear and still cant seem to find an answer. After reading through FAR 25.101a and bouncing back and forth from the DFARS I just cant make sence of it all. My question is, how do you determine if I can purchase from one of the countries listed as a Qualifying country listed in DFARS 225.003, when in FAR 25.101 the only exceptions are Public Interest and Non Availablity? If I can find a potental source of supply from a qualifying country, am I prohibited from soliciting them unless my request is either public interest of not available?

Thanks for the help.

[Iron Man]

DoD has already determined it is not in the public interest to apply the BAA to the listed "qualifying countries." See DFARS 225.872-1.

"(a) As a result of memoranda of understanding and other international agreements, DoD has determined it inconsistent with the public interest to apply restrictions of the Buy American Act or the Balance of Payments Program to the acquisition of qualifying country end products from the following qualifying countries:

Australia

Belgium

Canada

Denmark

Egypt

Federal Republic of Germany

France

Greece

Israel

Italy

Luxembourg

Netherlands

Norway

Portugal

Spain

Sweden

Switzerland

Turkey

United Kingdom of Great Britain and Northern Ireland"

[INA]

In consideration of BUY AMERICAN ACT restrictions, how do non-DOD agencies acquire foreign made firearms for domestic special purpose needs? I am thinking about German H&K firearms in particular which are required for special ops and other similar needs? Trade Agreements (see FAR 25.4) appear to provide relief for some items but not for weapons (see FAR 25.401).

I have read in other posts that DOD apparently has made a determination citing Public Interest. I am unaware of such a determination for my agency.

Comments and suggestions are welcome.

Thanks Much!

[formerfed]

mikdaaly and INA,

when in FAR 25.101 the only exceptions are Public Interest and Non Availablity? If I can find a potental source of supply from a qualifying country, am I prohibited from soliciting them unless my request is either public interest of not available?

Take a look at FAR 25.103 on execptions. In addition to Pubic Interest (a) and Non Availability (, there are unreasonable cost ?, resale (d) and IT that is a commercial item (e). Then read 25.105 on how you determine whether the cost of a foreign product is unreasonable when compared to a domestic product. Essentially you apply either a 6% or 12% price differential for comparison. Then if the foreigh bid is still low, you can buy it. I admit it is confusing.

[Iron Man]

In consideration of BUY AMERICAN ACT restrictions, how do non-DOD agencies acquire foreign made firearms for domestic special purpose needs? I am thinking about German H&K firearms in particular which are required for special ops and other similar needs? Trade Agreements (see FAR 25.4) appear to provide relief for some items but not for weapons (see FAR 25.401).

I have read in other posts that DOD apparently has made a determination citing Public Interest. I am unaware of such a determination for my agency.

Comments and suggestions are welcome.

Thanks Much!

When you say that German H&K firearms "are required for special ops," what do you mean? Does H&K make a class or type of weapon used by special ops that no domestic manufacturer makes? Or are H&K weapons viewed as technologically and/or mechanically superior to domestic versions?

[INA]

When you say that German H&K firearms "are required for special ops," what do you mean? Does H&K make a class or type of weapon used by special ops that no domestic manufacturer makes? Or are H&K weapons viewed as technologically and/or mechanically superior to domestic versions?

Good Morning:

As it turns out, my prelim info was incorrect. Customer is seeking H&K P2000 pistols in lieu of the SMGs. H&K reports that while some pistols are made in USA, the P2000 models are made in Germany.

Thanks for your consideration.