(b) If the application is to cover more than one geographical location, insert in Item 2, Form 1486 or 1444: "Various locations of the (insert name of Administration) as indicated by purchase order." IRS processes the application and, on the same form, issues the permit to procure. The application form may be signed only by an official named in § 12-4.5101 or his designee. The permit remains valid until surrendered by the Administration or cancelled by IRS. (c) The permit issued on Form 1444 authorizes procurement from any qualified distilled spirits plant. A listing of such plants is provided on IRS Document No. 5237. The list and revision service may be obtained upon request to IRS, Alcohol and Tobacco Tax Division, 1111 Constitution Avenue NW., Washington, DC 20224. § 12-5.5001 Authorization and policy relating to placing and filling orders. (a) It is the policy of the Department of Transportation not to place Government agencies in direct competition with commercial sources. Accordingly, prior to soliciting bids or proposals from commercial sources, it shall be decided whether to obtain supplies or services from Government agencies. Invitations for bids and requests for proposals shall not be sent to Government agencies. Current market prices, recent procurement prices, or prices obtained by informational bids as provided in FPR 1-1.314 may be used to ascertain whether procurement can be effected more cheaply from commercial sources. (b) Each procuring activity, when it is in the interest of the Government to do so, may place orders with any other Government department or agency for supplies or services that any such requisitioned department or agency may be in a position to furnish or perform or to obtain by contract. (c) Where the Department procures commercial or industrial products or services from another Government agency, any authorization required for the furnishing of such products or services, in accordance with BOB Circular NO. A-76, dated August 30, 1967, as revised by OMB Transmittal Memorandum No. 2 of October 18, 1976, shall accomplished by the furnishing Government agency. § 12-5.5002 Execution of agreements with agency heads. Execution of any written interdepartmental or interagency agreement which is to be signed by the head of the other department of agency is reserved to the Secretary, as provided in section 1.44(i) of the DOT Organization Manual (DOT) 1100.23(A)). Subpart 12-5.51-Procurement of § 12-5.5100 Printing and related supplies. The Government Printing and Binding Regulations of the Congressional Joint Committee on Printing set forth specific prohibitions and regulations 6.103-2 are set forth in DOTPR 126.105. Supplies not listed may be excepted only after a written determination has been made by the contracting officer. Each determination shall include the following information: (1) Description of the item(s) to be procured with specific information pertaining to special features, performance, versatility, etc. (2) Unit, quantity, estimated cost (including duty, if any, separately shown). (3) Country of origin, and name and address of prospective contractor, if available. (4) Brief statement as to the necessity for the procurement. (5) Statement of effort made to procure a similar item of domestic origin or statement that there is no domestic item which can be used as a reasonable substitute. When a determination has been made that the restrictions of the Buy American Act are inapplicable for the end products being purchased, notification to this effect shall be included in the solicitation and contract. on (b) Notwithstanding the foregoing, procurement of foreign end products the basis of "nonavailability," whether or not listed in DOTPR 126.105, shall be made only after a written determination has been made by the contracting officer and approved at a higher level in accordance with Administration procedures. Before granting such approval, or making such determination, the feasibility of foregoing the requirement or providing a United States substitute shall be considered. (c) Notwithstanding paragraph (b) of this section, approvals and determinations may be made by the contracting officer covering individual procurements of spare and replacement parts for foreign manufactured items, if the procurement must be restricted to the original manufacturer or his supplier in accordance with FPR 1-3.313. (d) Notwithstanding paragraph (b) of this section, approval is not required for: (1) Purchases for resale in domestic commissaries of brand name subsistence items of foreign origin for which there are no substitutes of U.S. origin. All purchases of such brand name subsistence items of foreign origin shall be made from domestic concerns. (2) Procurement of swords and scabbards. (3) Procurement of books, pamphlets, newspapers, magazines, periodicals, and printed briefs and films not printed in the United States and for which domestic editions are not available. (4) Procurement of bananas, tea, coffee, spices, herbs, sugar, cocoa, cream of tartar, tapioca, and coconut. (e) The following is a format for the determination and findings of nonavailability: DEPARTMENT OF TRANSPORTATION Determination and findings of nonavailability under the Buy American Act regarding purchase of (item description). FINDINGS (Set forth the information required by DOTPR 12-6.103-2(a)). DETERMINATION Upon the basis of these findings, I hereby determine that the above supplies are not mined, produced, or manufactured at the present time in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality; and that the provisions of the Buy American Act (41 U.S.C. 10 a-d) are inapplicable. (Add appropriate approval when required by Administration procedures.) § 12-6.104 Procedures. § 12-6.105 Excepted articles, materials, and supplies. Pursuant to the Buy American Act, the Government has determined that the articles, materials, and supplies listed below are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality, or that it would be inconsistent with the public interest to apply the restrictions of the Act to such articles, materials, and supplies. When required to be incorporated into an end product or construction material manufactured in the United States, these items may be regarded as components of domestic origin for the purpose of determining the origin of such manufactured end product or construction material. However, the procurement of any of these items other than as components of domestic source end products or construction materials must be approved by the appropriate authority designated by the Administration pursuant to DOTPR 12-6.103-2(b). Acetylene black. Beef extract. Brazil nuts, unroasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. Chestnuts. Chicle. Chrome ore or chromite. Cobalt, in cathodes, rondelles, or other pri mary forms. (Contracting Officer) Cocoa beans. (Date) § 12-6.104-4 Evaluation of bids and proposals. When a proposed award is required to be submitted to the head of the agency for decision pursuant to FPR 1-6.104-4(b) or FPR 1-6.104-4 (c)(1) or (c)(2), the submission shall include a copy of each bid or offer being considered for award, the date the bids or offers expire, a copy of the abstract of bids or offers, and a statement justifying the proposed award. Coconut and coconut meat, unsweetened, in shredded, desiccated, or similarly prepared form. Coffee, raw or green bean. Cork, wood or bark and waste. Emetine, bulk. Ergot, crude. Fair linen, altar. Fibers of the following types: Abace, agave, Ipecac, root. Leather, sheepskin, hair type. 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: (1) Liquefied gases-hydrocarbon gases recovered from natural gas or produced from petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures; (2) Gasoline-a refined petroleum distillate which by its composition, is 'Petroleum definitions, as used in this subpart. suitable for use as a carburant in internal combustion engines; (3) Jet fuel-a refined petroleum distillate used to fuel jet propulsion engines; (4) Naphtha-a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes; (5) 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 oil, diesel fuel, topped crude oil, residues; (6) Lubricating oil-a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces; (7) 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; (8) Asphalt-a solid or semi-solid cementitous material which gradually liquefies when heated, in which the predominating constituents are bitumins, and which is obtained in refining crude oil; (9) Natural gas products-liquids (under atmospheric conditions), including natural gasoline, which are recovered by a process of absorption, adsorption, compression, refrigeration, cycling, 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 paragraphs (b) (2) through (5), inclusive, of this section. (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 means. Secretary of the Treasury or his desig nee: (a) From China (except Formosa), North Korea, and North Vietnam, the items set forth in § 500.204 of Part 500 of Title 31 of the Code of Federal Regulations. (b) From Cuba, any merchandise that is of Cuban origin, or is or has been located in or transported from or through Cuba, or is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba (§ 515.204 of Part 515 of Title 31 of the Code of Federal Regulations). § 12-6.5002 Contract provision. (a) Instructions: The clause in § 127.151-18 shall be included in all contracts for supplies, services, or construction, where acceptance is to take place outside the United States, its possessions, or Puerto Rico. The clause need not be included in purchase orders for small purchases where there is reasonable assurance of compliance with § 12-6.5001. § 12-6.5003 Exceptions. Requests for exceptions to this subpart shall be forwarded through Administration channels to the Director of Installations and Logistics, TAD-60. |