ADDENDUM 2: Sample D&F - Commercial Derivative Military Article

DETERMINATION AND FINDING
FOR {SPECIFY} COMMERCIAL DERIVATIVE MILITARY ARTICLE (CDMA)

Pursuant to the authority contained in 10 U.S.C. §2533b and the Defense Federal Acquisition Regulation Supplement (DFARS) 225.7003-3, I hereby make the following determination and findings concerning [insert agency], [insert contracting activity].

Findings

The responsible program office has determined that the aircraft offered by [insert Contractor] in response to Solicitation Number [insert solicitation number], including airframe, engines, as well as related spares and associated parts, is a commercial derivative military article as defined by 10 U.S.C. 2533b(m)(7). See Attachment A. Further, [insert Contractor] has certified (see Attachment B), in accordance with 10 U.S.C. 2533b(j)(1)(B), that it and its subcontractors have or will enter into a contractual agreement or agreements to purchase an amount of domestically melted or produced specialty metal in the required form for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article that (pursuant to its good faith estimate) is not less than the greater of --

(i)  An amount equivalent to 120% of the amount of specialty metal that is required to carry out the production of the commercial derivative military article (including the work performed under each subcontract); or

(ii)  An amount equivalent to 50% of the amount of specialty metal that is purchased by the contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article.

Determination

Based on the findings above, I hereby determine that the aircraft offered by [insert Contractor] in response to Solicitation Number [insert Solicitation Number], including airframe, engines, as well as related assemblies, spares and associated parts, is a commercial derivative article as defined by 10 U.S.C. 2533b(m)(7), and that [insert Contractor] has satisfied the certification requirements of 10 U.S.C. 2533b(j)(1)(B). Accordingly, the requirements of 10 U.S.C. 2533b(a) shall not apply to any contract with [insert Contractor] awarded pursuant to Solicitation Number [insert Solicitation Number].

_________________________________ ____________
[NAME] DATE
SECRETARY OF THE AIR FORCE