Federal regulations · Through 2026-10-28

48 CFR 3025.7102-2: 3025.7102-2 Exceptions.

Acquisitions in the following categories are not subject to the restrictions in 3025.7102-1:
(a) Acquisitions of an item of personal protective equipment, or component thereof, otherwise covered by 3025.7102-1 when the DHS Chief Procurement Officer:
(1) Maximizes sources for foreign-assembled domestic personal protective equipment; and
(2) Certifies every 120 days that it is necessary to procure personal protective equipment under alternative procedures to respond to the immediate needs of a public health emergency.
(b) Acquisitions of an item of personal protective equipment, or component thereof, including those described in paragraph (a) of this section—
(1) That is, or that includes, a material listed in FAR 25.104 as one for which a nonavailability determination has been made; or
(2) As to which the DHS Chief Procurement Officer determines that a sufficient quantity of a satisfactory quality that is grown, reprocessed, reused, or produced in the United States cannot be procured as, and when, needed at United States market prices; and
(3) The DHS Chief Procurement Officer certifies every 120 days that it is necessary to procure personal protective equipment to respond to the immediate needs of a public health emergency.
(c) When either of the exceptions in paragraph (a) or (b) of this section are used:
(1) Only the DHS Chief Procurement Officer is authorized to make the certification in paragraphs (a)(2) and (b)(3) of this section or the nonavailability or unreasonable cost determination in paragraph (b) of this section.
(2) The supporting documentation for the DHS Chief Procurement Officer shall be prepared by the DHS Component(s) and:
(i) For the certification in paragraphs (a)(2) and (b)(3) of this section:
(A) Include a written justification documenting the immediate public health emergency requiring use of alternative procedures; and
(B) Be concurred on by the Head of the Contracting Activity before submission to the DHS Chief Procurement Officer.
(ii) For the nonavailability or unreasonable cost determination in paragraph (b) of this section:
(A) Include a written justification documenting why a nonavailability or unreasonable cost exception is required; and
(B) Be concurred on by the Head of the Contracting Activity before submission to the DHS Chief Procurement Officer.

Where this section sits in the code

Title 48—Federal Acquisition Regulations System
CHAPTER 30—DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY ACQUISITION REGULATION (HSAR)
SUBCHAPTER D—SOCIOECONOMIC PROGRAMS
PART 3025—FOREIGN ACQUISITION
Subpart 3025.71—Make PPE in America Act Restrictions on Foreign Acquisition

Acquisitions in the following categories are not subject to the restrictions in 3025.7102-1:

(a) Acquisitions of an item of personal protective equipment, or component thereof, otherwise covered by 3025.7102-1 when the DHS Chief Procurement Officer:

(1) Maximizes sources for foreign-assembled domestic personal protective equipment; and

(2) Certifies every 120 days that it is necessary to procure personal protective equipment under alternative procedures to respond to the immediate needs of a public health emergency.

(b) Acquisitions of an item of personal protective equipment, or component thereof, including those described in paragraph (a) of this section—

(1) That is, or that includes, a material listed in FAR 25.104 as one for which a nonavailability determination has been made; or

(2) As to which the DHS Chief Procurement Officer determines that a sufficient quantity of a satisfactory quality that is grown, reprocessed, reused, or produced in the United States cannot be procured as, and when, needed at United States market prices; and

(3) The DHS Chief Procurement Officer certifies every 120 days that it is necessary to procure personal protective equipment to respond to the immediate needs of a public health emergency.

(1) Only the DHS Chief Procurement Officer is authorized to make the certification in paragraphs (a)(2) and (b)(3) of this section or the nonavailability or unreasonable cost determination in paragraph (b) of this section.

(2) The supporting documentation for the DHS Chief Procurement Officer shall be prepared by the DHS Component(s) and:

(i) For the certification in paragraphs (a)(2) and (b)(3) of this section:

(A) Include a written justification documenting the immediate public health emergency requiring use of alternative procedures; and

(B) Be concurred on by the Head of the Contracting Activity before submission to the DHS Chief Procurement Officer.

(ii) For the nonavailability or unreasonable cost determination in paragraph (b) of this section:

(A) Include a written justification documenting why a nonavailability or unreasonable cost exception is required; and

(B) Be concurred on by the Head of the Contracting Activity before submission to the DHS Chief Procurement Officer.

Collected 2026-10-30T05:55:02Z. Source file · JSON

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