Subpart 16-Purchases Under The Trade Agreements Act of 1979 6.1600 Scope of Subpart. This Subpart sets forth additional policies and procedures peculiar to acquisitions subject to the Agreement on Government Procurement and Trade Agreements Act of 1979 (see P.L. 96–39; 19 U.S.C. 2501 et seq.). 6.1601 Definitions. (a) Designated country means a country or instrumentality designated pursuant to the Act and listed below: (b) Designated country end product means an article that (i) is wholly the growth, product or manufacture of the designated country, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. The term "designated country end product" includes services (except transportation services) incidental to its supply provided that the value of those incidental services does not exceed that of the product itself. It does not include service contracts per se. 6.1602 Policy. (a) Offers of a designated country end product with a total value of $182,000 or more are to be evaluated without regard to restrictions of the Buy American Act. (b) Except where waived pursuant to Section 302(b)(2) of the Act, there shall be no purchase of an end product with a total value of $182,000 or more which is the product of a country listed below: Greece (c) No requirement shall be divided with the intent of reducing the value of the resulting offers below $182,000. (d) The requirement of Subpart 7 that the responsibility for foreign contract procurement be centralized at NASA Headquarters does not apply to acquisitions that are subject to this Subpart. However, each buying office (including JPL) shall coordinate with Headquarters, Division of International Affairs (Code LI-15), before awarding a contract for a designated country end product. 6.1603 Exceptions. This subpart does not apply to: (i) Products offered at a price below $182,000; (ii) products of countries not listed in 6.1601(a) or barred by 6.1602(b); (iii) purchases under small or small disadvantaged business preferences programs; (iv) purchases of arms, ammunition, war materials or purchases indispensable for national security or national defense purposes. If a buying office considers an individual acquisition to be a NASA PROCUREMENT REGULATION 6.1603 FOREIGN PURCHASES purchase "indispensable for national security or national defense purposes," and appropriate for exclusion from the provisions of this Subpart, a request with supporting rationale shall be submitted to Headquarters, Code L, Office of External Relations, for coordination with the Office of the U.S. Trade Representative. (v) construction contracts; (vi) service contracts (but not those services incidental to the purchase of products, provided that the value of the service is not greater than the value of the product); (vii) research and development contracts; (viii) purchases by the Corps of Engineers; (ix) purchases of items for resale; (x) purchase pursuant to Part 5, Subpart 4, Procurement from Federal Prisons Industries, Inc. and Subpart 5, Procurement From the Severely Handicapped; (xi) lease or rental agreements; and (xii) purchases for agencies not listed in Executive Order 12260 dated December 31, 1980. 6.1604 Labor Surplus Area Set-Asides. When responsive offers are received for a product, labor surplus area preference shall be accorded only to small business concerns (see 1.804-2(b)(1)). 6.1605 Procedures for Solicitation and Purchases. When the proposed acquisition is estimated to be $182,000 or more and not otherwise exempted by 6.1603, the following procedures shall apply: (a) Consistent with user requirements, a minimum of 30 days from the date of the issuance of the solicitation to receipt of offers is required. (b) Under no circumstances will technical requirements be imposed solely for the purpose of precluding the acquisition of products from designated countries. (c) Proposals in response to solicitations anticipating competitive negotiations shall be opened in the presence of an impartial witness whose name shall be recorded in the file. (d) The term "promptly," as used in 2.408-1, 3.106-3, and 3.804-3, shall, for purposes of this Subpart, be construed to mean "within seven days." (e) Solicitations shall contain a requirement that offers submitted in response to this solicitation shall be based on U.S. dollars and in the English language. (f) Solicitations will require applicable duty charges to be included in the offered price, whether or not duty free certificates are obtained. Duty charges will be included in the price evaluation. 6.1606 Required Clauses. When this Subpart applies, each solicitation and resulting contract for a designated country end product shall contain the clause at 6.104-5 and the solicitation shall contain the certificate at 6.104-3. A contracting officer shall rely on the offeror's certification as submitted. 6.1604 CFR TITLE 41 CHAPTER 18 |