APPENDIX A - A-1 - Sample MFR For the Commercial Item Exception.docx
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- Solicitation number
- PANERD25P0000_001596
About this file
This document is a template Memorandum for Record (MFR) that documents a Contracting Officer's determination authorizing an exception to the Buy American statute for commercial information technology products. The MFR template is designed for Other Direct Cost (ODC) contract line items and allows procurement of foreign-origin commercial IT products without requiring a Determination and Findings for Nonavailability, provided the items meet the statutory exception criteria under FAR 25.103(e) for commercial information technology products.
The template requires completion of key fields including contract number, contractor name, CLIN number, item nomenclature, part/model number, manufacturer name, and country of origin. Critically, the document mandates that the Contracting Officer's Representative or Technical Point of Contact must complete a National Security and Supply Chain Risk Management (SCRM) verification checklist before authorization, certifying that the item does not violate non-waivable statutory prohibitions including: Section 889 restrictions on covered telecommunications and video surveillance equipment from restricted Chinese entities; Kaspersky Lab prohibitions; 10 U.S.C. 4872 restrictions on specialty metals and rare earth magnets from China, Russia, Iran, or North Korea; OFAC embargoes; and network security requirements for Defense of the West (DoW) systems. The template includes signature blocks for authorized personnel and serves as the official record justifying the commercial IT exception determination.
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APPENDIX A – ATTACHMENT 1
MEMORANDUM FOR RECORD (MFR)
SUBJECT: Exception to the Buy American Statute – Commercial Information Technology CONTRACT NUMBER: [Insert Contract Number] CONTRACTOR: [Insert Contractor Name] CLIN / ODC: [Insert CLIN Number / ODC Description] ESTIMATED VALUE: $[Insert Amount]
1. PURPOSE
The purpose of this Memorandum for Record (MFR) is to document the Contracting Officer’s determination that the item(s) procured under the authorized Other Direct Cost (ODC) CLIN qualify for a statutory exception to the Buy American statute.
2. REQUIREMENT DESCRIPTION
The Contractor requires the following item(s) to support mission operations:
· Item Nomenclature: [Insert Description, e.g., Cisco Catalyst 9300 Switch]
· Part/Model Number: [Insert Part Number]
· Manufacturer & Country of Origin: [Insert Manufacturer Name and Country]
3. STATUTORY EXCEPTION (FAR 25.103)
In accordance with FAR 25.103(e), the restriction on purchasing foreign end products under the Buy American statute does not apply to the acquisition of "information technology that is a commercial product" (pursuant to Section 535(a) of Division F, Title V, Consolidated Appropriations Act, 2004, and subsequent acts).
Based on a review of the requirement and the submitted specifications, the Contracting Officer determines that the subject item meets the definition of both "Information Technology" and a "Commercial Product" (FAR 2.101).
Determination: Accordingly, a Determination and Findings (D&F) for Nonavailability is not required. The Contractor is authorized to procure this commercial IT product regardless of its country of origin, provided it passes all mandatory National Security and Supply Chain Risk Management (SCRM) vetting below.
4. NATIONAL SECURITY & SCRM VERIFICATION
WARNING: The Commercial IT Exception waives the Buy American sourcing preference; it does not waive statutory National Security prohibitions.
The Contracting Officer Representative (COR) or Technical Point of Contact (TPOC) has vetted this item and certifies that it does not violate any of the following non-waivable bans:
| Prohibition Check |
| Verification Standard |
| Initials / Date |
| Section 889 (China Focus) |
| The item is NOT covered telecommunications equipment, video surveillance, or services from restricted entities (e.g., Huawei, ZTE, Hikvision, Dahua). |
| [Initials/Date] |
| Kaspersky Lab (Russia Focus) |
| The item does NOT contain hardware, software, or services developed or provided by Kaspersky Lab or related entities. |
| [Initials/Date] |
| 10 U.S.C. 4872 (Covered Nations) |
| The item does NOT contain prohibited specialty metals or rare earth magnets melted/produced in China, Russia, Iran, or North Korea. (Note: Verify COTS exceptions if applicable). |
| [Initials/Date] |
| OFAC Embargoes |
| The item is NOT sourced from or manufactured in broadly embargoed nations (e.g., Iran, North Korea, Syria, Cuba). |
| [Initials/Date] |
| Network Security (UC APL) |
| The item has been vetted for cybersecurity and is authorized for DoW network use (e.g., listed on the UC APL or approved via ITAS). |
| [Initials/Date] |
[Signature Block] [Insert KO Name] Contracting Officer
Sample MFR For the Commercial Item Exception
File details come from the government source that posted it. Updated .