Subpart 625.1 - Buy American--Supplies
(a) The authority to make the determination prescribed in FAR 25.103(a) is delegated, without power of redelegation, to the head of the contracting activity.
(a)(1) The authority to make the determinations prescribed in FAR 25.105(a)(1) is delegated, without power of redelegation, to the head of the contracting activity.
Subpart 625.2 - Buy American--Construction Materials
(a)(1) The authority to make the determination prescribed in FAR 25.202(a)(1) is delegated, without power of redelegation, to the head of the contracting activity.
(b) The head of the contracting activity is the agency head for the purposes of FAR 25.204(b).
625.1001 Waiver of right to examination of records.
(a)(2)(iii) The Procurement Executive is the agency head for the purposes of FAR 25.1001(a)(2)(iii).
(b) Each determination and findings to omit FAR clause 52.215-2, Audit and Records – Negotiation, with its Alternate III, shall be prepared in writing by the contracting officer and submitted to the Procurement Executive for approval. The Procurement Executive shall forward the approved determination and findings to the contracting officer for inclusion in the contract file, or inform the contracting officer in writing if the determination and findings is not approved.
(a) Section 565 of the Fiscal Year 94/95 Foreign Relations Authorization Act (Public Law 103-236) prohibits the Department of State from entering into any contract that expends funds appropriated to the Department of State:
(1) With a foreign person that complies with the Arab League Boycott of Israel; or,
(2) With any foreign or United States person that discriminates in the award of subcontracts on the basis of religion.
(b) This authority has continuing effect. Section 565 requires specific language to be included in all Invitations for Bids and Requests for Proposals with respect to a contract subject to Section 565’s prohibitions.
(c) Section 565 may be waived on a country-by-country basis if such a waiver is in the national interest and necessary to carry on diplomatic functions, and is approved by the Secretary of State or his/her designee.
Contracting officers shall include the following provision and clause in all solicitations and contracts exceeding the simplified acquisition threshold, unless a waiver has been granted in accordance with 625.7001(c):
(1) 652.225-70, Arab League Boycott of Israel; and,
(2) 652.225-71, Section 8(a) of the Export Administration Act, as amended.