PGI 225.7018-4 Nonavailability

determination.

(a) Individual nonavailability determinations.

(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

Nonavailability determination.

PROGRAM, ITEM, OR PART DESCRIPTION: _____________________________

CONTRACT OR SOLICITATION NUMBER: ________________________________

BACKGROUND: Per the requirements of 10 U.S.C. 4872, DFARS 252.225-7052 Restriction on the

Acquisition of Certain Magnets, Tantalum, and Tungsten. 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

225.7018-4 Nonavailability determination., the Head of Contracting Activity (HCA) can authorize an

exception to DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and

Tungsten. 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

Nonavailability determination.

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 Nonavailability determination.

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 Restriction on

acquisition of certain magnets, tantalum, and tungsten. source(s).

ITEM

#

COMPONENT

NAME

COVERED

MATERIAL

CURRENT

MANUFACTURER(S)

COUNTRY

OF

ORIGIN

MATERIAL

SPECIFICATION

OR GRADE

DELIVERY

DATE

AND

LEAD

TIME

QUANTITY

REQUIRED

PRICE

PER

UNIT

TOTAL

PRICE

1

2. Detailed market research conducted on alternative compliant DFARS 225.7018 Restriction on

acquisition of certain magnets, tantalum, and tungsten. source(s).

ITEM

#

COVERED

MATERIAL

POTENTIAL

ALTERNATIVE

MANUFACTURER(S)

COUNTRY

OF

ORIGIN

PROPOSED

MATERIAL

SPECIFICATION

OR GRADE

DELIVERY

DATE

AND

LEAD

TIME

QUANTITY

PROPOSED

PRICE

PER

UNIT

TOTAL

PRICE

RE-DESIGN OR REQUALIFICATION

COST

RE-DESIGN OR REQUALIFICATION

COST TIMELINE

1

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):

ITEM

#

COVERED

MATERIAL

NON-SATISFACTORY

QUALITY

INSUFFICENT

AVAILABLE

QUANTITY

DOES NOT

MET

REQUIRED

FORM

DOES NOT MEET

TIMELINESS

REQUIREMENTS FOR

PROGRAM/CUSTOMER

UNREASONABLE

PRICE PER UNIT

UNREASONABLE

PRICE FOR REDESIGN OR REQUALIFICATION

1

___________________________________ Signature of Government Contracting Officer or Program

Representative

_______________ Date

ATTACHMENT B: Definitions and Instructions

As used in this document—

“Number” means the National Stock Number (NSN) or other part number applicable to a given

component name;
“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”);

“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;

“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

“Current manufacturer” means the entity that produces the covered material;

“Country of origin” means the location of the facility in which the current manufacturer produces

the covered material;

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

“Price per unit” means the unit price of the covered material;

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.

(3)

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 and Contracting

ATTN: OUSD(A&S) DPC/CP

3060 Defense Pentagon

Washington, DC 20301-3060.

(ii) The Principal Director, Defense Pricing and Contracting, will forward the request to the Under

Secretary of Defense (Acquisition and Sustainment) (USD(A&S)) as appropriate.
Parent topic: PGI 225.7018 Restriction on acquisition of certain magnets, tantalum, and tungsten.