225.7002-2 Exceptions.

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

(a) Acquisitions not exceeding $150,000, except for athletic footwear purchased by DoD for use by

members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the Armed

Forces (37 U.S.C. 418(b)(4)).

(b) Acquisitions of any of the items in 225.7002-1, if the Secretary concerned determines that items

grown, reprocessed, reused, or produced in the United States cannot be acquired as and when

needed in a satisfactory quality and sufficient quantity at U.S. market prices. (See the requirement

in 205.301 for synopsis within 7 days after contract award when using this exception.)

(1) The following officials are authorized, without power of redelegation, to make such a domestic

nonavailability determination:

(i) The Under Secretary of Defense (Acquisition and Sustainment).

(ii) The Secretary of the Army.

(iii) The Secretary of the Navy.

(iv) The Secretary of the Air Force.

(v) The Director of the Defense Logistics Agency.

(2) The supporting documentation for the determination shall include an analysis and written

certification by the requiring activity, with specificity, why alternatives that would not require a

domestic nonavailability determination are unacceptable.

(3) Defense agencies other than the Defense Logistics Agency shall follow the procedures at PGI

225.7002-2 (b)(3) when submitting a request for a domestic nonavailability determination.

(c) Acquisitions of items listed in FAR 25.104(a).

(d) Acquisitions outside the United States in support of combat operations.

(e) Acquisitions of perishable foods by or for activities located outside the United States for

personnel of those activities.

(f) Acquisitions of food or hand or measuring tools—

(1) In support of contingency operations; or

(2) For which the use of other than competitive procedures has been approved on the basis of

unusual and compelling urgency in accordance with FAR 6.302-2.

(g) Emergency acquisitions by activities located outside the United States for personnel of those

activities.

(h) Acquisitions by vessels in foreign waters.
(i) Acquisitions of items specifically for commissary resale.

(j) Acquisitions of incidental amounts of cotton, other natural fibers, or wool incorporated in an end

product, for which the estimated value of the cotton, other natural fibers, or wool—

(1) Is not more than 10 percent of the total price of the end product; and

(2) Does not exceed the threshold at 225.7002-2(a).

(k) Acquisitions of waste and byproducts of cotton or wool fiber for use in the production of

propellants and explosives.

(l) Acquisitions of foods manufactured or processed in the United States, regardless of where the

foods (and any component if applicable) were grown or produced. However, in accordance with

section 8118 of the DoD Appropriations Act for Fiscal Year 2005 (Pub. L. 108-287), this exception

does not apply to fish, shellfish, or seafood manufactured or processed in the United States or fish,

shellfish, or seafood contained in foods manufactured or processed in the United States.

(m) 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—

(1) The fabric is to be used as a component of an end product that is not a textile product. Examples

of textile products, made in whole or in part of fabric, include—

(i) Draperies, floor coverings, furnishings, and bedding (Product or Service Group (PSG) 72,

Household and Commercial Furnishings and Appliances);

(ii) Items made in whole or in part of fabric in PSG 83,

Textile/leather/furs/apparel/findings/tents/flags, or PSG 84, Clothing, Individual Equipment and

Insignia;

(iii) Upholstered seats (whether for household, office, or other use); and

(iv) Parachutes ( PSG 1670); or

(2) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns

manufactured in a qualifying country.

(n) Acquisitions of chemical warfare protective clothing when the acquisition furthers an agreement

with a qualifying country. (See 225.003 (10) and the requirement in 205.301 for synopsis within 7

days after contract award when using this exception.)

(o) Acquisitions that are interagency, State, or local purchases that are executed by DoD as a result

of the transfer of contracts from the General Services Administration or for which DoD serves as an

item manager for products on behalf of the General Services Administration. According to section

897 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), such contracts

shall not be subject to requirements under subchapter II of chapter 385, United States Code

(including 10 U.S.C. 4862), to the extent such contracts are for purchases of products by other

Federal agencies or State or local governments.

Parent topic: 225.7002 Restrictions on food, clothing, fabrics, hand or measuring tools, and flags.