ADDENDUM-Sample D&F - Food, Clothing, Fabrics, and Hand or Measuring Tools

DETERMINATION AND FINDING
DNAD FOR {SPECIFY} FOOD, CLOTHING, FABRICS, AND HAND OR MEASURING TOOLS

Pursuant to the authority contained in Section 9005 of Public Law 102-396, as amended, 10 U.S.C. 2533a (the "Berry Amendment") and Defense Federal Acquisition Regulation Supplement (DFARS) 225.7002-2, I hereby make the following determination and findings concerning [insert agency], [insert contracting activity].

Findings

1.  The [insert contracting activity] proposes to purchase [insert description of the item(s)] under contract number [insert contract number]. The item(s) is/are produced or manufactured in [insert country of origin]. The total estimated cost of the item(s) is [insert amount].

2.  Describe the mission of the organization:

3.  Describe the circumstances that preclude the buying of a domestic end item ("The Berry Amendment (10 U.S.C. 2533a) requiring affected items to be domestic (i.e., of domestic origin and wholly of domestic content) unless a determination is made that such product cannot be acquired as and when needed in a satisfactory quality and sufficient quantity at U.S. market prices").

4.  Describe the market research performed, to include firms contacted.

5.  Describe the impact if the waiver is not approved. [include the impact on the program's delivery schedule, program costs, and mission.]

6.  Describe any alternatives/substitutes considered and why these alternatives/substitutes are not satisfactory. [Discuss when compliant parts/components will be available and the Contractor's Corrective Action Plan.]

7.  Provide any other data that will support the request.

Determination

Based on the findings above, I herby determine that a satisfactory quality and sufficient quantity of the above [specify item(s)] that complies with the Berry Amendment cannot be acquired nor produced as and when needed at U. S. market prices. This determination is made in accordance with DFARS 225.7002-2 and 10 U.S.C. 2533a. Based on this determination, an exception applies to the requirements of the Berry Amendment to procurement of these items.

This determination will be effective until [specify time period, duration, scope (e.g. month/year, lot numbers, contract numbers, or program completion that specify item or program will comply with 10 U.S.C. §2533a are available.]

______________________________ ________
[NAME] DATE
SECRETARY OF THE AIR FORCE