(a) Public Interest. When a contracting officer believes that a determination that domestic preference would be inconsistent with the public interest is necessary under FAR 25.103(a), the contracting officer must submit the request for determination to the DSPE for submission to the SPE, who will forward the request to the Secretary for approval. The request for determination must contain all the facts and other pertinent information upon which a determination may be made.
(b) Non-availability.
(1) For each determination of non-availability made in accordance with FAR 25.103(b)(2)(i), the HCA must do the following:
(i) Factually support the determination and include the supporting facts in the contract file.
(ii) Forward a copy of the determination, along with supporting documentation, to the DSPE.
(2) If the HCA believes that the non-availability of an article is likely to affect future acquisitions, include a recommendation that a copy of the determination and supporting documentation be forwarded to the Civilian Agency Acquisition Council (CAAC) for possible addition to the list of non-available articles in FAR 25.104. The DSPE will decide whether to submit the material to the CAAC.
