PART 9-6 FOREIGN PURCHASES

Subpart 9-6.1 Buy American Act - Supply and Service Contracts

$9-6.100 Scope of subpart.

This subpart implements FPR Subpart 1-6.1.

§9-6.103 Exceptions.

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

Contracting Officers may make the determination required by FPR 1-6.103-2, provided such determination is factually supported in writing.

§9-6.104 Procedures.

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

Proposed awards shall be submitted (in triplicate) through the Senior Procurement Official, Headquarters, to the Head of the Agency for decision where:

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

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

§9-6.105 DOE list of supplies excepted from Buy American Act (supplies to be procured for public use).

Antimony

Asbestos

Bauxite

Bismuth

Books, trade, text, technical, or scientific; newspapers,

magazines, periodicals; and printed briefs and films not printed

in the United States, and for which domestic editions are not

available.

Cadmium

Calcium cyanamide

Castor oil

Chrome ore or chromite

Cobalt (ore and metals)

Cork

Cryolite, natural

Diamonds, industrial and abrasive

Graphite, natural

Iodine

Jute and jute burlaps

Logs, veneer, and lumber from balsa, greenheart, lignum vitae,

9-6.105

mahogany, and teak

Mica

Nickel

Crude petroleum, petroleum fuels, and petroleum lubricants

Platinum and related group metals

Radium salts, source and special nuclear materials

Rubber, crude and latex

Rutile

Shellac

Spare parts for equipment of foreign manufacture, and for which

domestic parts are not available

Sperm oil

Tartaric acid

Tin

Suggestions for changes in and additions to the above list, with appropriate justifications, shall be submitted to the Senior Procurement Official, Headquarters.