6.401 General Policy. It is the general policy of NASA supplies which originated in, were located in, or that were I transferred from or through the Communist areas of North Korea, Vietnam, or Cuba (except supplies which have been lawfully imported into the United States, its possessions, or Puerto Rico), shall not be acquired for public use, notwithstanding the provisions of any Subpart of this Part 6, and that NASA contractors and subcontractors shall not acquire for use in the performance of any NASA contract or subcontract thereunder any supplies or services originating Communist areas. from such 6.402 Exceptions. Supplies from the Communist areas of North Korea, Vietnam, or Cuba may be acquired only in unusual situations; for example, in an emergency, or where supplies are not available from any other source and a substitute supply is not acceptable. For small purchases (as defined in Part 3, Subpart 6), the contracting officer shall determine that there is a need for an exception in accordance with procedures set forth in 6.403. For other than small purchases, an exception must be approved by the Administrator in accordance with the procedures set forth in 6.403. 6.403 Procedures. the (a) When it is proposed to procure supplies originating from the Communist areas of North Korea, Vietnam, or Cuba for public use within the United States (as defined in 6.001 (c)), or when a construction contractor proposes to use such supplies in the performance of a contract for construction within the United States (as defined in 6.201-4), following procedures shall be followed: the a (1) If the proposed procurement of such supplies does not | exceed $10,000, the contracting officer shall make determination of nonavailability, as authorized in 6.103-2. This determination shall include, in addition to the findings required in 6.103-2, a finding to the effect that there is no known item or items from Sources other than the Communist sources which can be used as a reasonable substitute. Such determination shall be made a part of the contract file. (2) If the proposed procurement of such supplies exceeds $10,000, the contracting officer shall prepare a determination of nonavailability for signature by the Administrator. The format of the determination set forth in 6.103-2 (c) shall be used and such determination shall include, as an additional finding, a statement to the effect that there is no known item or items from sources other than the Communist Sources which I can be used as a reasonable substitute. Such determination shall be forwarded in triplicate, to the Office of Procurement, NASA Headquarters (Code HS-1). (b) When it is proposed to procure supplies originating from the Communist areas of North Korea, Vietnam, or Cuba for >ublic use outside the United States, or when a construction NASA PROCUREMENT REGULATION FOREIGN PURCHASES contractor proposes to use such supplies in the performance of a contract for construction outside the United States, the following procedures shall be followed: (1) If the proposed procurement of such supplies does not exceed $10,000, the contracting officer shall make a written finding setting forth the unusual situation, such as an emergency or the nonavailability of acceptable substitute supplies of domestic origin or from sources other than the Coummunist sources, which justifies the procurement. Such finding shall be made a part of the contract file. NASA (2) If the proposed procurement of such supplies exceeds $10,000, the contracting officer shall make a written finding, as described in (a) (2) above. Such finding shall be forwarded, in triplicate, to the Office of Procurement, Headquarters, (Code HS-1), for approval by the Administrator of the exception authorizing the proposed procurement. 6.404 Contract Clause. to (a) Except as provided in (b) below, in contracts for supplies, services, or construction, where acceptance is take place outside the United States, its possessions, Puerto Rico, the following clause shall be included in the contract: or CERTAIN COMMUNIST AREAS (AUGUST 1981) (a) Unless written approval is obtained from the Contracting Officer, the Contractor shall not acquire for use in the performance of this contract: (i) any supplies or services originating from sources within the Communist areas of North Korea, Vietnam, or Cuba; (ii) any supplies, however processed, which are or were located in or transported from or through North Korea, Vietnam, or Cuba. (b) The Contractor agrees to insert the provisions of this clause, including this paragraph (b), in all subcontracts hereunder. End of clause (b) The requirements of (a) above do not apply to small purchases (see Part 3, Subpart 6, of this Regulation) When there is other reasonable assurance of compliance with the policy set forth in this Subpart. CFR TITLE 41 CHAPTER 18 Subpart 6-Duty and Customs 6.601 Duties and Customs on Foreign Purchases. Ordinarily, duty must be paid in connection with the importation of supplies purchased by NASA outside the United States as provided in the tariff schedules set forth in 19 U.S.C. 1202 (Public Law 87-456, Title III, Section 303 (c), approved May 24, 1962; 76 Stat. 78). However, many items are listed in the schedules as being duty-free. Schedule 8 of 1202 is specifically directed to items which may be imported duty-free under conditions set forth in connection with the various items listed therein. Particular attention is invited to the following authorized exemptions: (i) item 832 of Part 3 of Schedule 8 provides that "emergency war materials purchased abroad" may be imported duty-free upon certification by the Military Departments to the Commissioner of Customs. Accordingly, when a Military Department makes a purchase on behalf of NASA, or when NASA is making a purchase for a Military Department, the above duty-free exemption authority shall be used to the maximum extent practicable. The policies and procedures for effecting duty-free entry of such materials are set forth in DAR, Section VI, Part 6; (ii) item 864.30 of Part 5, Schedule 8 provides for the duty-free exemption of “articles intended solely for testing, experimental or review purposes including plans, specifications, drawings, photographs, and similar articles for use in connection with experimental study" subject to the limitations set forth in headnote 1, under Item 862.20 of Part 5, Schedule 8; and (iii) certain supplies (not including equipment) for vessels or aircraft operated by the United States are exempt from duty under 19 U.S.C. 1309. 6.602 Duty Free Entry of Scientific Instruments or Apparatus. (a) Under the Educational, Scientific, and Cultural Materials Importation Act of 1966, NASA has been determined to be an eligible institution to request duty free entry for instruments or apparatus under Items 851.60 and 851.65, Tariff Schedules of the United States (19 USC 1202 (1970)). Pursuant to this authority, NASA may apply for duty free entry of instruments or apparatus, or related repair components, if no instrument or apparatus of equivalent scientific value for the purpose for which the instrument or apparatus is intended to be used is being manufactured in the United States. (b) Regulations governing procedures for application for duty free entry are set forth in 15 CFR 701 and 19 CFR 10.115. To take advantage of this authority, the contracting officer shall, with the advice of legal counsel, prepare an application in seven copies on U.S. Department of Commerce Form DIB-338P in accordance with the cited regulations. (c) Applications prepared as prescribed above shall be submitted to the United States Customs Service, Attention: Classification and Value, Washington, DC 20229. The Office of General Counsel shall represent NASA before the Customs Bureau and the Court of Customs and Patent Appeals. NASA PROCUREMENT REGULATION 6.602 |