BUY AMERICAN ACT-SUPPLY AND SERVICE CONTRACTS cr produced in the United States and (B) an end product manufactured in the United States if the cost of the components thereof which are mined, produced, or manufactured in the United States or Canada exceeds 50 percent of the cost of all its components. For the purposes of this (a) (iii) (B), components of foreign origin of the same type or kind as the products referred to in (b) (ii) or (iii) of this clause shall be treated as components mined, produced, or manufactured in the United States. (b) The Contractor agrees that there will be delivered under this contract only domestic source end products, except end products: (i) which are for use outside the United States; (ii) which the Government determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality; with (iii) as to which the Administrator determines the domestic preference to be inconsistent the public interest; or (iv) as to which the Administrator determines the cost to the Government to be unreasonable. (The foregoing requirements are administered in accordance with Executive Order No. 10582, da ted December 17, 1954.) 6.105 List of Excepted Articles, Materials, and Supplies. The articles, materials, and supplies listed below may be acquired for public use without regard to country of origin, except as provided in Subpart of this Part 6. The Administrator, by NASA Management Instruction 5106. 1, "Determinations Under the Buy American Act-End Products and Construction Materials," has determined that it would be inconsistent with the Fublic interest to apply the restrictions of the Buy American Act to petroleum included in the list below. The remaining articles, materials, and supplies in the list below are included on the basis of nonavailability (see 6.103-2 (a) ) . Acetylene black Asbestos, amosite 80-138 0-81-3 NASA PROCUREMENT REGULATION FOREIGN PURCHASES Beef extract Bismuth Brazil nuts, unroasted Cadmium, ores and flue dust Calcium cyanamide Capers Cashew nuts Chestnuts Chicle Chrome ore or chromite Cinchona bark Cobalt, in cathodes, rondelles, or other primary forms Cocoa beans Coconut and coconut meat, unsweetened, in shredded, desiccated, or similarly prepared form Coffee, raw or green bean Cork, wocd or bark and waste Diamonds, industrial, stones Ergot, crude Fair linen, altar Fibers of the following coir, flax, jute and palmyra Goat and kid skins Graphite, natural, Hand sewing needles Hoy bristles for brushes Hyoscine, bulk Ipecac, root types: Abacc, agave, Leather, sheepskin, hair type Menthol, natural bulk Mica Nickel, primary, in ingots, pigs, shot, cathodes, or similar forms; nickel oxide and nickel salts. Nitroguanidine (also known as picrite) Olive oil Olives (green), fitted or stuffed in tulk *Petroleum, crude oil; unfinished oils and finished products. (See definitions on page 6:13) Platinum and platinum group metals refined, as sponge, powder, ingots, or cast bars. Pyrethrum flowers Quartz crystals CFR TITLE 41 CHAPTER 18 BUY AMERICAN ACT-SUPPLY AND SERVICE CONTRACTS Quebracho Radium salts Rosettes Rubber, crude and latex Rutile Silk, raw Sperm oil Spices and herbs in bulk Sugars, raw (Subpart 3 of Part 6, however, applies) Talc, block, steatite Tapioca flour and cassava Tartar, crude, tartaric acid and cream of tartar in bulk Tea in tulk Thread, metallic (gold) Tin Vanilla beans Venom, cobra Wax, carnauba Woods of the following species: Angelique, kalsa, ekki, greenheart, lignum vitae, and teak mahogany *Petroleum Definitions, as used in this Subpart. (a) Crude oil means crude petroleum as it is Froduced 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 me ans 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: (i) 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; (ii) gasoline-a refined petroleum distillate which by its composition, is suitable for use as a carburant in internal combustion engines; NASA PROCUREMENT REGULATION FOREIGN PURCHASES (iii) jet fuel-a refined petroleum distillate used to fuel jet propulsion engines; (iv) naphtha-a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes; (v) fuel oil-a liquid or liquefiable petroleum product turned for lighting or for the generation cf heat or power and derived directly or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oils, diesel fuel, topped crude oil, residues; (vi) lubricating oil-a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces; (vii) 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; asphalt-a solid or (viii) semi-soild cementitious material which gradually liquefies when heated, in which the predominating constituents are bitumins, and which is obtained in refining crude oil; adsorption, (ix) natural gas products-liquids (under atmospheric conditions), including natural gasoline, which are recovered by a process of absorption, compression, refrigeration, cyclying, 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 (ii) through (v), inclusive, of this paragraph (b). (c) Unfinished oils means one or more of the petroleum oils listed in (b) above, or a mixture or combination of such ails, which are to be further processed other than by blending by mechanical means. CFR TITLE 41 CHAPTER 18 Subpart 2-Buy American Act-Construction Contracts 6.200 Scope of Subpart. This Subpart implements the Buy American Act (41 U.S.C. 10a-d) and the policies set forth in Executive Order 10582, dated December 17, 1954, with respect to construction contracts. 6.201 Definitions. As used in this Subpart, the following terms have the meanings set forth below. 6.201-1 Construction means construction, alteration, or repair of any public building or public work in the United States. 6.201-2 Construction materials means articles, materials, and supplies which are brought to the construction site for incorporation in the building or work. 6.201-3 Components means those articles, materials, and supplies which are directly incorporated in construction materials. 6.201-4 United States means the States, the District of Columbia, Puerto Rico, American Samoa, the Canal Zone, the Virgin Islands, Guam, and any areas subject to the complete sovereignty of the United States. 6.201-5 Domestic construction material means an unmanufactured construction material which has been mined or produced in the United States, or a manufactured construction material which has been manufactured in the United States if the cost of its components which are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. A component shall be considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the construction material in which it is incorporated is manufactured in the United States and the component is of a class or kind determined by the Government to be not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. 6.201-6 Nondomestic construction material means a construction material other than a domestic construction material. 6.202 Statutory Requirements. Except as provided in 6.203, the Buy American Act requires that in the performance of contracts for construction, only domestic construction materials shall be used. In determining whether construction material is domestic construction material, only the construction material and its components shall be considered. 6.203 Exceptions. 6.203-1 Nonavailability in the United States. (a) The Buy American Act does not apply to articles, materials, or supplies of a class or kind which the Government has determined are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality (see 6.206). (b) The authority to make additional determinations of nonavailability, is described in 6.103-2(b). (c) The format for nonavailability determinations is set forth in 6.1032(c). 6.203-2 Unreasonable Costs or Impracticability. The restrictions of the Buy American Act do not apply when it is determined by the Administrator that the use of a particular domestic construction material would (i) unreasonably increase the cost, or (ii) be impracticable (see 6.204-3). 6.204 Procedures. 6.204-1 Applicability. The procedures in this paragraph 6.204 apply to all contracts for construction in the United States, except contracts executed on Standard Form 19. NASA PROCUREMENT REGULATION 6.204-1 |