§ 525.108-70 - Determination of nonavailability.

(a) Determinations under FAR 25.102(a)(4), 25.202(a)(3), and 25.108 must be supported by a statement of fact (findings), including the following information, and a determination signed by the HCA or a designee:

(1) Description of the item(s), including unit and quantity;

(2) Estimated cost, including duty, if any (show the amount of duty separately);

(3) Transportation costs for delivery to destination, if item is to be procured f.o.b. origin;

(4) Country of origin;

(5) Name and address of prospective contractor(s);

(6) Brief statement as to the necessity for the procurement; and

(7) Statement of effort made to procure a similar item of domestic origin or statement that there is no domestic item that can be used as a reasonable substitute.

(b) Findings and determination of nonavailability will normally be prepared in the format shown below:

(End of findings and determination)

(c) When it has been determined that the Buy American Act is not applicable to the purchase of the end product or to the components from which it is manufactured, the original of the determination must be made a part of the contract file and a copy furnished to the Associate Administrator for Acquisition Policy for transmittal to the appropriate FAR Council and a statement must be inserted in the solicitation and contract that a determination has been made pursuant to FAR 25.108(b).