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requirements from other sources, a copy of the authorization, together with a brief statement of the justification, should be sent to the senior procurement official, Headquarters, for informational purposes.

(e) ERDA offices should consolidate their requirements and the requirements of their cost-type contractors for electronic data processing tape when it appears that such action would be pra ical and would result in significant price advantages to the Government.

$9-5.5206-27 Procurement of masking devices.

Masking devices are assembled in the ERDA plant at Paducah, Ky., and may be requisitioned by ERDA offices and cost-type contractors at cost from:

Area Manager
ERDA, Paducah Area Office, Post Office Box 1213,
Paducah, KY 42001.

$9-5.5207 Special materials.

This section covers the purchase of materials peculiar to the ERDA program. While purchases of these materials are unclassified, quantities, destination or use may be classified. See appropriate sections of the Classification Guide. Procuring activities shall require cost-type contractors to obtain the special materials identified in the following subsections in accordance with the procedures stated therein.

$9-5.5207-1 Heavy water.

The Division of Production controls the procurement and production of heavy water. ERDA offices and cost-type contractors shall place orders directly with the Division of Production, Headquarters.

$9-5.5207-2 Platinum.

The Chicago Operations Office is responsible for maintaining the ERDA platinum supply. ERDA offices and cost-type contractors shall clear with the Chicago Operations Office as to the availability of platinum prior to the purchase of platinum on the open market.

$9-5.5207-3 Jewel bearings.

See FPR 1-1.319.

Subpart 9-5.54 Use of Procurement and Supply Management

Support Services at the Nevada Test Site.

$9-5.5400 Scope of subpart.

(a) This subpart sets forth ERDA policy for the use of the procurement and supply management support services the Nevada Test Site.

(b) The provisions of this subsection shall be applied to costtype contractors carrying out projects at the NTS.

89-5.5401 Policy.

As an integral part of their responsibility for furnishing project-related materials, equipment, and technical services, the Nevada Operations Office will, except in special cases, provide to the fullest practicable extent the necessary procurement and supply management support services required to support the technical efforts of all organizations sponsoring experiments or participating in the scientific aspects of experiments conducted at the NTS.

Furthermore, all organizations that are carrying out projects or performing work at the NTS will make the fullest practicable use of these facilities and services to prevent unnecessary duplication to assure maximum efficiency and economy.

Subpart.9-5.55 Purchase or Lease Determinations

$9-5.5500 Scope of subpart.

(a) This subpart implements and supplements FPMR 101-25.5 which prescribes guidelines to be used in determining whether acquisition of particular types of equipment should be by purchase or lease.

$9-5.5501 Policy.

(a) The guidelines prescribed in FPMR 101-25.5 for making purchase or lease determinations shall be applied to the acquisition of all types of equipment. These guidelines shall be used in making lease-versus-purchase determinations at time of original acquisition, when lease renewals are being considered, or at other times as circumstances warrant.

(b) Contracting officers shall assure the use of applicable lease-versus-purchase guidelines in all procurement and supply operations under their jurisdiction.

$9-5.5502 Utilization of excess equipment

or interests in equipment,

Excess lists shall be consulted prior to leasing equipment in both original and renewal leasing actions. Also, leased equipment shall be offered for utilization by other ERDA offices and ERDA contractors prior to release whenever an accumulated credit toward purchase of the equipment will be lost.

$9-5.5503 Maintenance of records.

Records shall be maintained of all lease-purchase studies and other pertinent data used to support administrative actions taken.

$9-5.5504 Funding considerations'.

Unavailability of funds is generally not adequate justification for a decision to lease when purchase is indicated by the leasepurchase study to be the more economical course of action. In such circumstances it is essential that every effort be made to follow the purchase course of action. This is true both with respect to those studies made at the times leases are renewed or when other circumstances warrant.

$9-5.5505 Leasing of equipment.

If leasing of equipment is necessary, and a lease with purchase option executed, the purchase option shall be exercised at the earliest possible date, provided the lease-purchase study at that date indicates that purchase is still the more economical course of action.

90-136 O - 77 - 14

PART 9-6

FOREIGN PURCHASES

Subpart 9-6.1

Buy American Act

Supply and Service Contracts

9-6.100 9-6.103 9-6.103-2 9-6.103-3

Scope
Exceptions
Nonavailability in the United States
Unreasonable cost or inconsistency with the public

interest
Evaluation of bids and proposals
ERDA list of supplies excepted from Buy American Act

(supplies to be procured for public use).

9-6.104-4 9-6.151

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$9-6.103-2 Nonavailability in the United States.

Contracting officers may make the determinations required by FPR 1-6.103.2, provided such determination is factually supported in writing.

$9-6.103-3 Unreasonable cost or inconsistency

with the public interest.

Except as provided in $9-6.104-4(a), the head of the agency shall make the determination required by FPR 1-6.103.3.

$9-6.104-4 Evaluation of bids and proposals.

(a) If an award for more than $100,000 would be made to a domestic concern if the 12-percent factor is applied, but would not be made if the 6-percent factor is applied, the heads of procuring activities, without power of redelegation, may make the determination as to whether the award to the small business concern or labor surplus

concern would involve unreasonable cost or inconsistency with the public interest (see FPR 1-6.103-3).

area

(b) Heads of procuring activities shall submit proposed awards (in triplicate) to the senior procurement official, Headquarters, where:

(1) rejection of an acceptable low foreign bid is considered necessary to protect essential national security interests such as maintenance of a mobilization base; and

(2) rejection of any bid or proposal for other reasons of the national interest when it is considered necessary.

$9-6.151 ERDA list of supplies excepted from Buy American

Act (supplies to be procured for public use).

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