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Trade Agreements of Sudan with Other Countries - Excel

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					                                                 COMPETITION REQUIREMENTS AND DOMESTIC PREFERENCE REQUIREMENTS
                                                        AFFECTING PURCHASES BY THE DEPARTMENT OF DEFENSE
                                               REGULATION                        STATUTE                                                                      COVERAGE
Competition
 Full and
  Open




                                                                                                                     Sealed bids, competitive proposals, combination of competitive procedures,
                                                     6.1                     10 U.S.C. 2304(a)
                                                                                                                                         and other competitive procedures




                                                 6.202/206.202              10 U.S.C. 2304(b)(1):                                   Competitive procedures but excluding a particular source:
   Full and Open Competition After




                                                  6.202(a)(1)              10 U.S.C. 2304(b)(1)(A)                   To increase or maintain competition and reduce overall costs

                                                                                                                     To have source available in the interests of national defense in case of
         Exclusion of Sources




                                                  6.202(a)(2)              10 U.S.C. 2304(b)(1)(B)
                                                                                                                     national emergency or industrial mobilization
                                                                                                                     To establish or maintain an essential RDT&E capability in the interests of national
                                                  6.202(a)(3)              10 U.S.C. 2304(b)(1)(C)
                                                                                                                     defense

                                                  6.202(a)(4)              10 U.S.C. 2304(b)(1)(D)                   To ensure continuous availability from a reliable source

                                                  6.202(a)(5)              10 U.S.C. 2304(b)(1)(E)                   To satisfy projected needs based on a history of high demand

                                                  6.202(a)(6)              10 U.S.C. 2304(b)(1)(F)                   To satisfy critical need for medical, safety, or emergency supplies



                                               6.203-206/206.203            10 U.S.C. 2304(b)(2):                          Competitive procedures but excluding other than small business concerns

                                                                                                                     To fulfill the statutory requirements of sections 9 and 15 of the Small Business Act (15
Exclusion of Sources




                                                6.203/206.203                10 U.S.C. 2304(b)(2)                    U.S.C. 638, 644), 10 U.S.C. 2323, and (regarding the Small Business Innovation
 Competition After
  Full and Open




                                                                                                                     Research Program) Pubic Law 97-219.
                                                                                                                     To fulfill the statutory requirements relating to section 8(a) of the Small Business Act, as
                                                    6.204                    10 U.S.C. 2304(b)(2)
                                                                                                                     amended by Public Law 100-656
                                                                                                                     To fulfill the statutory requirements relating to the HUBZone Act of 1997 (15 U.S.C. 631
                                                    6.205                    10 U.S.C. 2304(b)2)
                                                                                                                     note)
                                                                                                                     To fulfill the statutory requirements relating to the Veterans Benefits Act of 2003
                                                    6.206                    10 U.S.C. 2304(b)(2)
                                                                                                                     (15 U.S.C. 657f)


                                               6.302/206.302                  10 U.S.C. 2304(c):                                Circumstances permitting other than full and open competition:

                                                                                                                     Only one responsible source and no other supplies or services will satisfy requirements
                                           1 6.302-1/206.302-1               10 U.S.C. 2304(c)(1)
                                                                                                                     (sole source)

                                           2 6.302-2/206.302-2               10 U.S.C. 2304(c)(2)                    Unusual and compelling urgency

                                                                                                                     Industrial mobilization; engineering, developmental, or research capability; or export
                                           3 6.302-3/206.302-3               10 U.S.C. 2304(c)(3)
                                                                                                                     services
    Other Than Full and Open Competition




                                           4 6.302-4/206.302-4               10 U.S.C. 2304(c)(4)                    International agreement

                                           5 6.302-5/206.302-5               10 U.S.C. 2304(c)(5)                    Authorized or required by statute:

                                                      8.6                        18 U.S.C. 4124                        Federal Prison Industries, Inc. (UNICOR)

                                                      8.7          41 U.S.C. 46-48c (Javits-Wagner-O'Day Act)          Qualified nonprofit agencies employing people who are blind or severely handicapped

                                                      8.8                      44 U.S.C. 501-504                       Government printing and binding

                                                     19.8                        15 U.S.C. 637                         Sole source award to small disadvantaged business [section 8(a)] concern

                                                    19.13                        15 U.S.C. 657a                        Sole source award to small business concern under HUB-Zone Act of 1997

                                                     26.2                        42 U.S.C. 5150                        Preference for local entities for major disaster relief and emergency assistance.

                                                    19.14                        15 U.S.C. 657f                        Sole source award under Veterans Benefits Act of 2003

                                           6       6.302-6                   10 U.S.C. 2304(c)(6)                    National security

                                           7 6.302-7/206.302-7               10 U.S.C. 2304(c)(7)                    Public interest




                                                                                                    Current as of January 28, 2008
                                                                          COMPETITION REQUIREMENTS AND DOMESTIC PREFERENCE REQUIREMENTS
                                                                                 AFFECTING PURCHASES BY THE DEPARTMENT OF DEFENSE
                                                                        REGULATION                                     STATUTE                                                                        COVERAGE
                                                                             225.7002                    10 U.S.C. 2533a (Berry Amendment)                         Food, clothing, textile items/components/materials, hand tools, and measuring tools

                                                                          225.7002 and
                                                                         Class Deviation
 TITLE 10 AND DEFENSE APPROPRIATIONS PRODUCT OR MATERIAL RESTRICTION




                                                                         2008-O0002 &                                10 U.S.C. 2533b                                                                  Specialty metals
                                                                          DFARS Case
                                                                           2008-D003

                                                                             225.7004                                10 U.S.C. 2534                                                       Multipassenger motor vehicles (buses)

                                                                             225.7005                                10 U.S.C. 2534                                                             Chemical weapons antidote

                                                                             225.7006                                10 U.S.C. 2534                                                        Air circuit breakers for naval vessels

                                                                                                                  10 U.S.C. 2534 and
                                                                             225.7007            Pub. L. 101-511, section 8041, and similar sections in               Welded shipboard anchor and mooring chain - diameter of four inches or less
                                                                                                        subsequent Defense appropriations acts
                                                                                                      10 U.S.C. 2534 and (expired 10/01/2005)
                                                                             225.7009            Pub. L. 107-117, section 8065, and similar sections in                                           Ball and roller bearings
                                                                                                        subsequent Defense appropriations acts
                                                                                                             Pub. L. 106-259, section 8064
                                                                             225.7010                                                                                                               Vessel propellers
                                                                                                          (regarding FY-2000 and FY-2001)
                                                                                                 Pub. L. 102-172, section 8111, and similar sections in
                                                                             225.7011                                                                                                       Carbon, alloy, and armor steel plate
                                                                                                        subsequent Defense appropriations acts
                                                                                                 Pub. L. 100-102, section 8112, and similar sections in
                                                                             225.7012                                                                                                                 Supercomputers
                                                                                                        subsequent Defense appropriations acts

                                                                             225.7013                      10 U.S.C. 7309 and 10 U.S.C. 7310                                       Construction or repair of vessels in foreign shipyards

                                                                             225.7014                          Pub. L. 105-45, section 112                                                    Overseas military construction

                                                                                                  Pub. L. 104-32, section 111, and similar sections in
                                                                             225.7015                                                                                                      Overseas architect-engineer services
                                                                                                  subsequent military construction appropriations acts

                                                                             225.7016                                 Pub. L. 92-570                                                            Research and development

                                                                                                             Pub. L. 100-180, section 222
                                                                             225.7017                                                                                                        Ballistic missile defense RDT&E
                                                                                                   (Defense Authorization Act for FY1988 and 1989)
                                                                       NOTE: 10 U.S.C. 2534 also covers marine-unique components of vessels and sonobuoys, but these are not addressed in FAR or DFARS as they are Navy-unique.
RESTRICTION
  POLICY




                                                                                                Policy restriction to protect the domestic (U.S.) defense                                                   Forgings
                                                                             225.7102
                                                                                                                      industrial base                                 (i.e ., ship propulsion shafts, periscope tubes, and ring forgings for bull gears)




                                                                             225.7601                                10 U.S.C. 2410i                                   Any foreign entity that complies with the Secondary Arab boycott of Israel

                                                                                              Proclamations, Executive Orders, and statutes administered,
                                                                                                                                                                Any supplies and services from, or sent through, a foreign country and organization that
                                                                                                and implementing regulations of, the Office of Foreign
                                                                                                                                                                                         cannot lawfully import into the U.S.:
 STATUTORY COUNTRY RESTRICTION




                                                                                                       Assets Control, Department of Treasury:

                                                                                                                     31 CFR Part 515                                                                        Cuba
                                                                              25.701
                                                                                                                     31 CFR Part 560                                                                         Iran

                                                                                                                     31 CFR Part 500                                              North Korea (imports from North Korea into the U.S.)

                                                                                                      Executive Order 13067 and 31 CFR Part 538                                                            Sudan

                                                                                                                                                               Goods and services on the munitions list of the International Trafficking in Arms
                                                                                                                                                               Regulations, other than goods or services procured--(1) in connection with a visit by a
                                                                                                           Public Law 109-163, section 1211                    vessel or an aircraft of the United States Armed Forces to the People's Republic of China;
                                                                             225.770
                                                                                                         (Defense Authorization Act for FY06)                  (2) for testing purposes; or (3) for purposes of gathering intelligence ), through a contract
                                                                                                                                                               or any subcontract (at any tier) under a contract, from any Communist Chinese military
                                                                                                                                                               company.
                                                                                                                                                                  Contracts with concerns and subsidiaries owned or controlled by the government of a
                                                                         209.104-1(g)(i)                            10 U.S.C. 2327(b)
                                                                                                                                                                             terrorist country (i.e ., Cuba, Iran, North Korea, Sudan, and Syria)
                                                                                                                                          Current as of January 28, 2008
                   COMPETITION REQUIREMENTS AND DOMESTIC PREFERENCE REQUIREMENTS
                          AFFECTING PURCHASES BY THE DEPARTMENT OF DEFENSE
                  REGULATION                                 STATUTE                                                                       COVERAGE
 RESTRICTION
  SECURITY




                  209.104-1(g)(ii)                        10 U.S.C. 2536(a)                                                 Award of national security program contracts
 BUY AMERICAN




                                                            41 U.S.C. 10                              Use of a price evaluation differential for all but qualifying/eligible country end products
      ACT




                    25.1/225.1
                                                         (Buy American Act)                                             when no exception (such as public interest) applies.
 AGREEMENTS




                                                                                             Consideration limited to eligible products in covered Federal Supply Groups and eligible
                                       Trade Agreements Act (19 U.S.C. 2501 et seq .), WTO
   TRADE




                                                                                               services (in U.S. schedule under each agreement) from WTO and FTA countries for
                    25.4/225.4       Government Procurement Agreement (Pub. L. 103-465) and
                                                                                            procurements at or above the aplicable trade agreement threshold when no exception (such
                                                         various others
                                                                                                                            as national security) applies.
BALANCE OF
 PAYMENTS
 PROGRAM




                                         DoD-only policy restriction applied to contracts for         Use only domestic end products for use outside the U.S. and only domestic construction
                      225.75          acquisition of (i) supplies for use outside the U.S. and (ii)    materials for construction to be performed outside the U.S. (including FMS) when no
                                            construction to be performed outside the U.S.                                                 exception applies.
 SMALL BUSINESS




                                      Small Business Act (15 U.S.C. 638, 644); 10 U.S.C. 2323;
                                                                                                    Competitive procedures but excluding other than small business, small disadvantaged
                                     Pubic Law 97-219; section 8(a) of the Small Business Act, as
                   6.203-206 and                                                                   business concerns, historically Black colleges and universities and minority institutions;
      ACT




                                       amended by Public Law 100-656; HUBZone Act of 1997
                     19.5/219.5                                                                   HUBZone small business concerns, and/or service-disabled veteran-owned small business
                                       (15 U.S.C. 631 note); and Veterans Benefits Act of 2003
                                                                                                                                           concerns
                                                          (15 U.S.C. 657f)




                                                                                 Current as of January 28, 2008

				
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