**Para-Aramid Fibers and Yarns Manufactured in a Qualifying Country**

**DFARS Case 2008-D024**

**Interim Rule**

**PART 225---FOREIGN ACQUISITION**

\* \* \* \* \*

**225.003 Definitions.**

As used in this part\--

\* \* \* \* \*

\(9\) \"Qualifying country\" means a country with a memorandum of
understanding or international agreement with the United States **in
which both agree to remove barriers to purchases of supplies produced in
the other country or services performed by sources of the other country,
and the memorandum or agreement complies, where applicable, with the
requirements of section 36 of the Arms Export Control Act (22 U.S.C.
2776) and with 10 U.S.C. 2457**. ~~Qualifying countries are listed in
225.872-1.~~ **\[Accordingly,** **qualifying countries** **are:**

**Australia**

**Austria**

**Belgium**

**Canada**

**Denmark**

**Egypt**

**Finland**

**France**

**Germany**

**Greece**

**Israel**

**Italy**

**Luxembourg**

**Netherlands**

**Norway**

**Portugal**

**Spain**

**Sweden**

**Switzerland**

**Turkey**

**United Kingdom of Great Britain and Northern Ireland.\]**

\* \* \* \* \*

**SUBPART 225.70\--AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER
STATUTORY RESTRICTIONS ON FOREIGN ACQUISITION**

\* \* \* \* \*

**225.7002 Restrictions on food, clothing, fabrics, specialty metals,
and hand or measuring tools.**

\* \* \* \* \*

**225.7002-2 Exceptions.**

Acquisitions in the following categories are not subject to the
restrictions in 225.7002-1:

\* \* \* \* \*

\(o\) 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), if

\* \* \* \* \*

\(2\) The fibers and yarns are para-aramid fibers and yarns manufactured
in **\[a qualifying country.\]**

~~(i) The Netherlands; or~~

~~(ii) Another qualifying country (see 225.872) if the Under Secretary
of Defense (Acquisition, Technology, and Logistics) makes a
determination in accordance with Section 807 of Pub. L. 105-261 that~~

~~(A) Procuring articles that contain only para-aramid fibers and yarns
manufactured from suppliers within the United States would result in
sole source contracts or subcontracts for the supply of such para-aramid
fibers and yarns;~~

~~(B) Such sole source contracts or subcontracts would not be in the
best interest of the Government or consistent with the objectives of the
Competition in Contracting Act (10 U.S.C. 2304); and~~

~~(C) The qualifying country permits U.S. firms that manufacture
para-aramid fibers and yarns to compete with foreign firms for the sale
of para-aramid fibers and yarns in that country.~~

\* \* \* \* \*

**PART 252---SOLICITATION PROVISIONS AND CONTRACT CLAUSES**

\* \* \* \* \*

**252.212-7001 Contract Terms and Conditions Required to Implement
Statutes or Executive Orders Applicable to Defense Acquisitions of
Commercial Items.**

\* \* \* \* \*

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS
(~~SEP 2008~~**\[DEC 2008\]**)

\* \* \* \* \*

\(b\) The Contractor agrees to comply with any clause that is checked on
the following list of Defense FAR Supplement clauses which, if checked,
is included in this contract by reference to implement provisions of law
or Executive orders applicable to acquisitions of commercial items or
components.

\* \* \* \* \*

\(5\) \_\_\_\_ 252.225-7012, Preference for Certain Domestic Commodities
(~~MAR 2008~~**\[DEC 2008\]**) (10 U.S.C. 2533a).

\* \* \* \* \*

**252.225-7012 Preference for Certain Domestic Commodities.**

As prescribed in 225.7002-3(a), use the following clause:

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (~~MAR 2008~~**\[DEC
2008\]**)

\(a\) *Definitions.* As used in this clause---

\* \* \* \* \*

> \[(3) \"Qualifying country\" means a country with a memorandum of
> understanding or international agreement with the United States in
> which both agree to remove barriers to purchases of supplies produced
> in the other country or services performed by sources of the other
> country, and the memorandum or agreement complies, where applicable,
> with the requirements of section 36 of the Arms Export Control Act
> (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, qualifying
> countries are:

**Australia**

**Austria**

**Belgium**

**Canada**

**Denmark**

**Egypt**

**Finland**

**France**

**Germany**

**Greece**

**Israel**

**Italy**

**Luxembourg**

**Netherlands**

**Norway**

**Portugal**

**Spain**

**Sweden**

**Switzerland**

**Turkey**

**United Kingdom of Great Britain and Northern Ireland.\]**

(~~3~~**\[4\]**) \* \* \*

(~~4~~**\[5\]**) \* \* \*

\(b\) The Contractor shall deliver under this contract only such of the
following items, either as end products or components, that have been
grown, reprocessed, reused, or produced in the United States:

\* \* \* \* \*

\(c\) This clause does not apply---

\* \* \* \* \*

\(5\) To chemical warfare protective clothing produced in ~~the
countries listed in subsection 225.872-1 of the Defense FAR Supplement~~
**\[a qualifying country\]**; or

\(6\) To fibers and yarns that are for use in synthetic fabric or coated
synthetic fabric (but does apply to the synthetic or coated synthetic
fabric itself), if---

\* \* \* \* \*

\(ii\) The fibers and yarns are para-aramid fibers and yarns
manufactured in ~~the Netherlands~~ **\[a qualifying country\]**.

\* \* \* \* \*