3 - DOMESTIC NON-AVAILABILITY DETERMINATION Note: This annex contains templates for required documentation on Domestic Non-availability Determinations (DNADs) executed pursuant to the following statutes: 10 U.S.C. 2533a (“Berry Amendment”); and 10 U.S.C. (“Specialty Metals”). DEPARTMENT OF THE NAVY OFFICE OF THE SECRETARY 1000 NAVY PENTAGON WASHINGTON DC 20350-1000 DETERMINATION OF DOMESTIC NON-AVAILABILITY In accordance with 10 U.S.C. [Berry Amendment] and Defense Federal Acquisition Regulation (DFARS) 225.7002-2(b), I hereby make the following determination concerning acquisition of the _____________[identify the end item or program affected] ________. FINDINGS 1. Title 10 U.S.C. 2533a requires that, unless meeting an exception in the law, the Department of Defense is prohibited from acquiring ___ [Identify applicable class of end item, component thereof. Classes of end items are: food; clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof (clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, hand wear, belts, badges, and insignia (See PGI 225.7002-1 for additional guidance and examples); tents, tarpaulins, or covers; cotton and other natural fiber products; woven silk or woven silk blends; spun silk yarn for cartridge cloth; synthetic fabric or coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics; canvas products; wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); any item of individual equipment (Federal Supply Class 8465) manufactured from or containing any of the fibers, yarns, fabrics, or materials listed herein; hand or measuring tools] unless produced in the United States. 2. The __ [insert name of contracting activity] __ has an acquisition for __[identify specific item at prime contract level] ___ under Solicitation/Contract ____[insert number]___. It was determined that this acquisition is subject to the 10 U.S.C. 2533a requirement to buy certain articles from
ANNEX 14 – REPORTS Line Item (LI) # REPORT/NOTES REFERENCE EXTERNAL DUE DATE EXTERNAL DUE ORGANIZATION DASN(AP) DUE DATE SUBMISSION TO 1 Bi-Annual Evaluation Requirements of Contracting Officers under DoDI 5000.66; (i.e., Functional Independence of Contracting Officers) Note: Reported in even numbered years NMCARS 5201.102(d)(S-90) 31-Oct DPAP 15-Oct DASN(AP) via email to RDAJ&As@navy.mil 2 Annual Procurement Performance Management Assessment Program (PPMAP) Compliance Review NMCARS 5201.691-2(d)(2) Not applicable Not applicable 30-Jan DASN(AP) via email to RDAJ&As@navy.mil 3 Annual Contract Action Report, Data Verification and Validation (V&V) Certification NMCARS 5204.604(3)(ii) 15-Dec DPAP 1-Dec DASN(AP) via to RDAJ&As@navy.mil 4 Annual PPMAP Assessment Plan NMCARS 5201.691-2(d)(1) Not applicable Not applicable 1 Oct DASN(AP) via to RDAJ&As@navy.mil 5 Annual Competition Report, including projected competition goal for current year FAR 6.502(b)(2) 31-Jan DPAP 15-Jan DASN(AP) via email to RDAJ&As@navy.mil 6 Annual Report on Pilot Program for Acquisition of Nondevelopmental Items NMCARS 5212.7102-2 31-Oct DPAP 15-Oct DASN(AP) via email to RDAJ&As@navy.mil 7 Annual Commercial Item Exceptions to Cost/Pricing Data valued $19.5M or more. NMCARS 30-Nov DPAP 31-Oct DASN(AP) via email to RDAJ&As@navy.mil 8 Annual Truth In Negotiation Act (TINA) Waivers valued $19.5M or more. NMCARS 30-Nov DPAP 31-Oct DASN(AP) via email to RDAJ&As@navy.mil
LI # REFERENCE EXTERNAL DUE DATE EXTERNAL DUE ORGANIZATION DASN(AP) DUE DATE SUBMISSION TO 9 Annual Report of Contract Data for Multi-Year contracts with Economic Price Adjustment clauses. NMCARS 5216.203-4(S-90) 30-Oct DPAP 26-Oct DASN(AP) via email to RDAJ&As@navy.mil 10 Annual DoE WFO Order Compliance Assessment Results NMCARS 31-Dec DPAP 15-Dec DASN(AP) via email to RDAJ&As@navy.mil 11 Annual Nondefense Agency Certifications Report NMCARS 5217.703(c) Within 30 days of the beginning of the fiscal year DPAP Within 40 days of the beginning of the fiscal year DASN(AP) via email to RDAJ&As@navy.mil 12 Annual COTS End Report for contracts valued at $5M or more (including task orders/ delivery orders) PER ITEM NMCARS 5225.7003(b)(2)(ii) 31-Oct DPAP 15-Oct DASN(AP) via email to RDAJ&As@navy.mil 13 Annual Cost Accounting Standards Waivers over $15M NMCARS 5230.201-5(e) 30-Nov DPAP 15 Nov DASN(AP) via email RDAJ&As@navy.mil 14 Annual Service Requirements Review Board Action Item Correction POAM NMCARS 5237.191(b) Not applicable Not applicable 120 days after completion of SRRB DASN(AP) via RDAJ&As@navy.mil 15 Annual Service Requirements Review Board Final Analysis NMCARS 5237.191(c) Not applicable Not applicable 30 days completion of SRRB DASN(AP) via email RDAJ&As@navy.mil 16 Annual Review of Contracts Involving Combat and Security Force Training ASN RDA memo “Acquisition of Combat and Security Related Training" 25 Nov 2009 Not applicable Not applicable By Request annually DASN(AP) via email to RDAJ&As@navy.mil LI # REFERENCE EXTERNAL DUE DATE EXTERNAL DUE DASN(AP) DUE DATE SUBMISSION TO
17 Annual Indemnification Agreements DPAP Memo "“Inputs for the Report to Congress on Indemnification Agreements.” dated Oct 7, 2015 16-Nov DPAP 1 Nov DASN(AP) via email to RDAJ&As@navy.mil 18 Consolidated Undefinitized Contract Actions (UCA) Management Plan Note: DASN(AP) generates (Belton) DFARS 217.7405(a)(1) 30 Apr 31 Oct DPAP 19 Consolidated Undefinitized Contract Actions (UCA) Management Report NMCARS 5217.7405(a)(2) 30 Apr 31 Oct DPAP 15 Apr 15 Oct DASN(AP) via email to 20 DCMA Business Base Forecast and Evaluation NMCARS 5242.1790 7 Mar 7 Sep DCMA 7 Feb 7 Aug DASN(AP) via email to RDAJ&As@navy.mil 21 Unpriced Change Order Report NMCARS 5243.204-70-7(b) 30 Apr/31 Oct DPAP 15 Apr/15 Oct DASN(AP) via email to RDAJ&As@navy.mil 22 Contract Audit Follow Up (automated system) DoD Instruction 7640.02 31 Mar/30 Sep DCMA Due to DCMA not DASN(AP). DASN(AP) is DON liaison to DCMA if questions arise. CAFU system in eTools at www.dcma.mil. 23 Quarterly IUID Report NMCARS 5211.274-2(S-90) 31 Jan/ 30 Apr/ 31 Jul/ 31 Oct DPAP 15 Jan/ 15 Apr/ 15 Jul /15 Oct DASN(AP) via email to RDAJ&As@navy.mil 24 RFID Compliance Report NMCARS 5211.275-3 (S-90) Not applicable Not applicable 1 Jun/1 Dec DASN(AP) via to RDAJ&As@navy.mil LI # REPORT/NOTES REFERENCE EXTERNAL DUE DATE EXTERNAL DUE ORGANIZATION DASN(AP) DUE DATE SUBMISSION TO
25 eSRS Status Report Note: DASN(AP) will run eSRS Status Report. Field updates/inputs are required to DASN(AP) by Due Date DPAP Memo Apr 16, 2009 30 Jun/30 Dec DPAP 15 Jun/15 Dec DASN(AP) via email to RDAJ&As@navy.mil 26 Quarterly Peer Review Forecast NMCARS 5201.170 31 Mar 30 Jun 30 Sep 31 Dec DPAP 25th of each month NMCARS is monthly. DFARS is quarterly DASN(AP) via to RDAJ&As@navy.mil 27 Quarterly Bridge Contract Awards NMCARS 5206.303-92 Annex 5 Not applicable Not applicable 30 Jan, 30 Apr 30 Jul, 30 Oct DASN(AP) via email to 28 Quarterly V&V Data Verification NMCARS 5204.604(3)(i) 15 Feb; 16 May; 15 Aug; 3 Dec DPAP 30 Jan; 30 Apr; 30 Jul; 30 Nov DASN(AP) via email to RDAJ&As@navy.mil 29 Quarterly Government-Furnished Property Compliance Report NMCARS 5245.103-73(ii) Not applicable Not applicable 31 Jan, 30 Apr, 31 Jul, 31 Oct DASN(AP) via email to RDAJ&As@navy.mil 30 Quarterly Synchronized Predeployment & Operational Tracker (SPOT) Plus CENTCOM Census Note: SPOT generates an automated report for submission. USD(ATL) Memo Policy on the Transition to & Use of an Automated Census for Contractors Supporting Operations in the USCENTCOM AOR dtd Jan 19 2010 1 Jan, 1 Apr, 1 Jul, 1 Oct USD(AT&L) 31 Monthly CENTCOM 715-1 Report NMCARS 5225.7401(a)(iv) By the 10th of the month. CENTCOM LI # REFERENCE EXTERNAL DUE DATE EXTERNAL DUE ORGANIZATION DASN(AP) DUE DATE SUBMISSION TO
32 As needed Suspected Violations of the Gratuities Clause NMCARS 5203.203 Notification - Within 2 days, Report – Within 5 working days AGC(AI) and Contracting Officer 33 As Needed Revocation of Contracting or Purchase Card Authority NMCARS 5201.691-2(e) Not applicable Not applicable Within 5 days of revocation DASN(AP) via email to RDAJ&As@navy.mil 34 As needed Notification of a Complaint of Reprisal NMCARS 5203.903 As occurring Assistant General Counsel (Acquisition Integrity) As occurring DASN(AP) via to ; courtesy copy of documentation submitted 35 As needed Lobbying Disclosure Act Violations NMCARS 5203.806 As occurring DPAP As occurring DASN(AP) via to 36 As needed Contractor Poor Performance NMCARS Within 5 days after issuance of cure or show cause notice Department of the Navy (DON) Acquisition Integrity Office (AIO) 37 As needed Debarment Reports/Suspension Reports NMCARS 5209.406-3(i) 5209.407-3 As occurring Assistant General Counsel (Acquisition Integrity) As occurring DASN(AP) via to RDAJ&As@navy.mil ; courtesy copy of documentation submitted 38 As needed Determination for exception to the requirement for Item Unique Identification. Note: D&F executed by: CAE for ACAT I, HCA for all others NMCARS 5211.274-2 Prior to contract award DPAP Prior to contract award. DASN(AP) via to RDAJ&As@navy.mil 39 As needed Business Case Analysis Part 1 for GWACs, interagency agreements. NMCARS 5213.303-2 NMCARS 5217.502-1(c) Not applicable Not applicable Not applicable DASN(AP) via email to RDAJ&As@navy.mil LI # REPORT/NOTES REFERENCE EXTERNAL DUE DATE EXTERNAL DUE ORGANIZATION DASN(AP) DUE DATE SUBMISSION TO
48 As needed Waiver approval - Restrictions on the employment of personnel for work on construction and service contracts in noncontiguous states NMCARS 5222.7003 As required SECNAV Prior to contract award DASN(AP) via email to RDAJ&As@navy.mil 49 As needed Waiver of Mandatory Arbitrations NMCARS 5222.7404 As required DPAP Prior to waiver approval DASN(AP) via email to RDAJ&As@navy.mil 50 As needed Sudan Waivers NMCARS 5225.702-4 Allowing sufficient time for review and approval OFPP Prior to submission to OFPP DASN(AP) via to RDAJ&As@navy.mil 51 As needed Iran Waivers NMCARS 5225.703-4 Allowing sufficient time for review and approval OFPP Prior to submission to OFPP DASN(AP) via email to RDAJ&As@navy.mil 52 As needed Waiver of buys from Munitions from Communist Chinese military companies NMCARS 5225.770-5 15 days prior to award/DPAP DPAP 20 days to award DASN(AP) via email to RDAJ&As@navy.mil 53 As needed Notification of state sponsor of terrorism notification NMCARS 5225.771-3 As required DPAP As required DASN(AP) via email to RDAJ&As@navy.mil 54 As needed Notification of state sponsor of terrorism notification NMCARS 5225.771-4 As required DPAP to waiver approval DASN(AP) via email to RDAJ&As@navy.mil 55 As needed Notification of certain foreign entities related to acquisition of satellite services NMCARS 5225.772-3 As required DPAP As required DASN(AP) via email to RDAJ&As@navy.mil 56 As needed Notification of certain foreign entities related to acquisition of satellite services NMCARS 5225.772-4 Not than 7 days prior to entering into a contract DPAP Prior to exception approval DASN(AP) via to RDAJ&As@navy.mil REPORT/NOTES REFERENCE EXTERNAL DUE DATE EXTERNAL DUE ORGANIZATION DASN(AP) DUE DATE SUBMISSION TO
57 As needed Nonimplementation of GAO protest recommendations Note: SECNAV is authorized to make the waiver determination without power of delegation. NMCARS 5233.104(g) Prior to final decision not to implement Comptroller General Prior to final decision not to implement DASN(AP) via email to RDAJ&As@navy.mil 58 As needed Protests of Acquisitions valued at $1B or more NMCARS 5233.170 Within 10 days of receipt of the protest DPAP Within 5 days of receipt of the protest DASN(AP) via to RDAJ&As@navy.mil 59 As needed Contractor Appeal to ASBCA Litigation Requirements Report NMCARS 5233.9002(b) In conjunction with an appeal Litigation Division of the Office of General Counsel With compilation of Rule 4 documents DASN(AP) via to RDAJ&As@navy.mil 60 As needed Major Defense Program – Intent NOT to Exercise a Fixed Price Production Option on a Development Contract Notification NMCARS 5235.006(b)(i) As needed USD(AT&L) As needed DASN(AP) via to RDAJ&As@navy.mil 61 As needed [Prenegotiation Position/Negotiated Agreement] Approval Request NMCARS 5235.006(b)(ii)(B) As needed USD(AT&L) As needed DASN(AP) via email to RDAJ&As@navy.mil 62 As needed Notice for SAE Approval for Exclusion and Limitation on Disclosure of IT Assessed for Supply Chain Risk NMCARS 5239.7304(c)(2) As needed ASN(RDA) As needed DASN(AP) via email to RDAJ&As@navy.mil 63 As needed Termination For Default NMCARS 5249.402-8 5249.403 Within 5 days issuance of change in termination status or termination Department of the Navy (DON) Acquisition Integrity Office (AIO) LI # REPORT/NOTES REFERENCE EXTERNAL DUE DATE EXTERNAL DUE ORGANIZATION DASN(AP) DUE DATE SUBMISSION TO
64 Per contract services labor hours Contract Termination – Congressional Notification on Significant Contract Terminations NMCARS 5249.7001 As soon as possible after the decision to terminate is made Navy – Chief of Legislative Affairs As soon as possible after the decision to terminate is made DASN(AP) via email to . Confirm receipt via phone call. 65 As needed Contract Action Without Clause 52.204-2, Security Requirements NMCARS Not applicable Not applicable Prior to contract award DASN(AP) via email to RDAJ&As@navy.mil 66 Annual ECMRA Contractor Service Hour Labor Reporting Note: Contractors perform reporting. NMCARS 5237.102-90 Not applicable Not applicable No later than October 31 for the preceding fiscal year. DON Application 67 As needed Government-Furnished Property Compliance Checklist NMCARS 5245.103-73(i) Not applicable Not applicable After contracting officer signature DASN(AP) via email to 68 As needed Component Acquisition Regulation Supplement NMCARS 5201.103(S-90) Not applicable Not applicable 31 Aug DASN(AP) via email to NOTE: The line item numbers serve as pointers for administrative purposes and are subject to change as reports are added and deleted. This administrative change will not be identified in each NMCARS change issued.