Emetine, bulk Ergot, crude BUY AMERICAN ACT-SUPPLY AND SERVICE CONTRACTS Fair linen, altar Fibers of the following types: Abacc, agave, coir, flax, jute and palmyra Goat and kid skins Graphite, natural Hand sewing needles Hog bristles for brushes Hyoscine, bulk Ipecac, root Leather, sheepskin, hair type Menthol, natural bulk Mica Nickel, primary, in ingots, pigs, shot, cathodes, or similar forms; nickel oxide and nickel salts Nitroguanidine (also known as picrite) *Petroleum, crude oil; unfinished oils and finished products Platinum and platinum group metals refined, as sponge, powder, ingots, or cast bars Woods of the following species: Angelique, balsa, ekki, greenheart, lignum vitae, mahogany and teak *Petroleum definitions, as used in this Subpart. (a) Crude oil means crude petroleum as it is produced at the wellhead and liquids (under atmospheric conditions) that have been recovered from mixtures of hydrocarbons which existed in a vaporous phase in a reservoir and that are not natural gas products. (b) Finished products means any one or more of the following petroleum oils, or a mixture or combination of such oils, which are to be used without further processing except blending by mechanical means: (i) liquefied gases hydorcarbon gases recovered from natural gas or produced from petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures; (ii) gasoline - a refined petroleum distillate which by its composition, is suitable for use as a carburant in internal combustion engines; (iii) jet fuel – a refined petroleum distillate used to fuel jet propulsion engines; (iv) naphtha a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes; NASA PROCUREMENT REGULATION 6.105 FOREIGN PURCHASES (v) fuel oil a liquid or liquefiable petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oils, diesel fuel, topped crude oil, residues; (vi) lubricating oil - a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces; (vii) residual fuel oil - a topped crude oil or viscous residuum which, as obtained in refining or after blending with other fuel oil, meets or is the equivalent of Military Specification Mil-F-859 for Navy Special Fuel Oil and any other more viscous fuel oil, such as No. 5 or Bunker C; (viii) asphalt - a solid or semi-soild cementitious material which gradually liquefies when heated, in which the predominating constituents are bitumins, and which is obtained in refining (ix) natural gas products liquids (under atmospheric conditions), including natural gasoline, which are recovered by a process of absorption, adsorption, compression, refrigeration, cyclying, or a combination of such processes, from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and which, when recovered and without processing in a refinery, otherwise fall within any of the definitions of products contained in (ii) through (v), inclusive, of this (c) Unfinished oils means one or more of the petroleum oils listed in (b) above, or a mixture or combination of such oils, which are to be further processed other than by blending by mechanical 6.200 Scope of Subpart. This Subpart implements the Buy American Act (41 U.S.C. 10a-d) and the policies set forth in Executive Order 10582, dated December 17, 1954, with respect to construction contracts. 6.201 Definitions. As used in this Subpart, the following terms have the meanings set forth below. 6.201-1 Construction means construction, alteration, or repair of any public building or public work in the United States. 6.201-2 Construction materials means articles, materials, and supplies which are brought to the construction site for incorporation in the building or work. 6.201-3 Components means those articles, materials, and supplies which are directly incorporated in construction materials. 6.201-4 United States means the States, the District of Columbia, Puerto Rico, American Samoa, the Canal Zone, the Virgin Islands, Guam, and any areas subject to the complete sovereignty of the United States. 6.201-5 Domestic construction material means an unmanufactured construction material which has been mined or produced in the United States, or a manufactured construction material which has been manufactured in the United States if the cost of its components which are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. A component shall be considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the construction material in which it is incorporated is manufactured in the United States and the component is of a class or kind determined by the Government to be not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. 6.201-6 Nondomestic construction material means a construction material other than a domestic construction material. 6.202 Statutory Requirements. Except as provided in 6.203, the Buy American Act requires that in the performance of contracts for construction, only domestic construction materials shall be used. In determining whether construction material is domestic construction material, only the construction material and its components shall be considered. 6.203 Exceptions. 6.203-1 Nonavailability in the United States. (a) The Buy American Act does not apply to articles, materials, or supplies of a class or kind which the Government has determined are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality (see 6.206). (b) The authority to make additional determinations of nonavailability, is described in 6.1032(b). (c) The format for nonavailability determinations is set forth in 6.103-2(c). 6.203–2 Unreasonable Costs or Impracticability. The restrictions of the Buy American Act do not apply when it is determined by the Administrator that the use of a particular domestic construction material would (i) unreasonably increase the cost, or (ii) be impracticable (see 6.204-3). 6.204 Procedures. 6.204-1 Applicability. The procedures in this paragraph 6.204 apply to all contracts for construction in the United States, except contracts executed on Standard Form 19. 6.204-2 Solicitation of Bids and Proposals. Invitations for bids and requests for proposals for construction shall include the following provision: INFORMATION REGARDING BUY AMERICAN ACT (JANUARY 1964) (a) The Buy American Act (41 U.S.C. 10a-d) generally requires that only domestic construction materials be used in the performance of this contract. This requirement does not apply to construction materials or their components as set forth below: (Insert list here including the items set forth in 6.206) (b)(1) Furthermore, bids or proposals offering the use of additional nondomestic construction materials may be acceptable for award if the Government determines that the use of comparable domestic construction materials is NASA PROCUREMENT REGULATION 6.204-2 FOREIGN PURCHASES produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality, or (ii) as to which the Administrator has determined that it would be inconsistent with the public interest to apply the restrictions of the Act. (b) Canadian end product means an unmanufactured end product, mined or produced in Canada, or an end product manufactured in Canada if the cost of its components which are mined, produced, or manufactured in Canada or the United States exceeds 50 percent of the cost of all its components. The cost of components shall include transportation costs to the place of incorporation into the end product. (c) Foreign end product means an end product other than a domestic source end product. (d) Domestic bid means a bid or offered price for a domestic source end product, including transportation to destination. (e) Foreign bid means a bid or offered price for a foreign end product, including transportaion to destination, and duty (whether or not a duty-free entry certificate may be issued). 6.102 General. 6.102-1 Statutory Requirements. Except as provided in 6.103, the Buy American Act requires that in the procurement of supplies and services only domestic source end products shall be acquired for public use. In determining whether an end product is a domestic source end product, only the end product and its components shall be considered. 6.103 Exceptions. 6.103-1 Use Outside the United States. The restrictions of the Buy American Act do not apply to articles, materials, or supplies for use outside the United States. 6.103-2 Nonavailability in the United States. (a) The Buy American Act does not apply to (i) end products of a class or kind which the Government has determined are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality, or (ii) components of end products manufactured in the United States if the component is of a class or kind determined by the Government to be not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. Certain items determined to be exempt under these exceptions are set forth in 6.105. (b) Contracting officers are authorized to make additional determinations of nonavailability both prior to entering into contracts and in the course of contract administration, provided, however, that in the latter case the Government receives adequate consideration. A copy of each determination of nonavailability will be included in the contract file. (c) The following is the format for nonavailability determinations made by contracting officers: Determination of Nonavailability Pursuant to the authority contained in Section 2, Title III, of the Act of March 3, 1933 (popularly called the Buy American Act (41 U.S.C. 10a-d)), and authority delegated to me by 6.103–2(b), I hereby find: a. (Insert a description of the item or items to be procured, including unit, quantity, and estimated cost inclusive of duty and transportation costs to destination.) b. (Enter the name and address of proposed Contractor or supplier, and country of origin of the item or items.) c. (Include a brief statement of the necessity for the procurement.) d. (Include a statement of facts establishing the nonavailability of a similar item or items of domestic origin. If there is no known domestic item or items which can be used as a reasonable substitute, a statement to this effect will be made.) Based upon these findings, it is determined that the above described item(s) is (are) not mined, produced, or manufactured, or the articles, materials, or supplies from which it (they) is (are) manufactured, are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available quantities and of a satisfactory quality. Accordingly, the requirement of the Buy American Act that procurement be made from domestic sources and that it be of domestic origin is not applicable to this procurement, since said procurement is within the nonavailability exception stated in the Buy American Act. Authority is granted to procure the above-described item (s) of foreign origin (country of origin) at an estimated total cost of $... including duty and transportation costs to destination. 6.103-3 Unreasonable Costs or Inconsistency With the Public Interest. The restrictions of the Buy American Act do not apply when it is determined by the Administrator that the cost of a CFR TITLE 41 CHAPTER 18 6.102 BUY AMERICAN ACT - CONSTRUCTION CONTRACTS 6.206 List of Excepted Articles, Materials, and Supplies. The articles, materials, and supplies listed below may be used in construction without regard to country of origin, except as provided in Part 6, Subpart 4, of this Regulation, on the basis of the nonavailability provision of the Buy American Act. (See 6.203-1). Antimony, as metal or oxide Asbestos, amosite Bismuth Cadmium, ores and flue dust Chalk, English Chrome ore or chromite Cobalt, in cathodes, rondelles, or other primary forms Cork, wood or bark and waste Damar gum Graphite, natural, crystalline, crucible grade Jute and jute burlap Kaurigum Lac Logs, veneer, and lumber from angelique balsa, ekki, greenheart, lignum vitae, mahogany, and teak Mica Nickel, primary, in ingots, pigs, shot, cathodes, or similar forms; nickel oxide and nickel salts Rubber, crude and latex Shellac Tin, in bars, blocks, and pigs 6.207 Contract Clauses. (a) The clause set forth below shall be included in all contracts for construction, and any articles, materials, and supplies which have been the subject of additional determinations pursuant to 6.203-1 shall be listed thereunder. NONDOMESTIC CONSTRUCTION MATERIALS (SEPTEMBER 1962) The requirements of the clause of this contract entitled "Buy American Act" do not apply to construction materials or their components as set forth below: (Insert list here including the items set forth in 6.206) (b) If a contract is to be awarded under 6.204-3 (b) or (c) and the use of designated nondomestic construction materials is to be permitted, the designated nondomestic construction materials shall be listed under the clause required by (a) above. (c) The clause set forth below shall be inserted in all contracts for construction except those executed on Standard Form 19 and NASA Form 1379. BUY AMERICAN (SEPTEMBER 1962) (a) Agreement. In accordance with the Buy American Act (41 U.S.C. 10a-d) and Executive Order 10582, December 17, 1954 (3 CFR Supp.), the Contractor agrees that only domestic construction material will be used (by the Contractor, subcontractors, materialmen, and suppliers) in the performance of this contract, except for nondomestic material listed in the contract. (b) Domestic construction material. "Construction material" means any article, material, or supply brought to the construction site for incorporation in the building or work. An unmanufactured construction material is a "domestic construction material” if it has been mined or produced in the United States. A manufactured construction material is "domestic construction material” if it has been manufactured in the United States and if the cost of its components which have been mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. “Component” means any article, material, or supply directly incorporated in a construction material. (c) Domestic component. A component shall be considered to have been "mined, produced or manufactured in the United States" (regardless of its sources in fact) if the article, material, or supply in which it is incorporated was manufactured in the United States and the component is of a class or kind determined by the Government to be not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. NASA PROCUREMENT REGULATION 6.207 |