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FOREIGN PURCHASES

Procurement, NASA Headquarters (Code HP)
Administrator for decision; or

to the

(ii) when the firm submitting the low acceptable domestic kid or proposal is a small business or labor surplus area concern, or both, and its bid cr proposal is $100,000 or less, a factor of 12 percent (in lieu of the 6 percent factor) of the amount of the low foreign bid or proposal shall be added to such low foreign bid or proposal, and award made to the low bidder or offeror; provided, however, that when small purchase procedures (see Part 3, Subpart 6, of this Regulation) are used, the 6 percent factor shall apply.

(d) The proposed award shall be submitted to the Administrator for decision if:

(i) required by (c) (i) above;

(ii) rejection of an acceptable low foreign bid cr proposal is considered necessary to protect essential national security interests, such as maintenance of a mobilization base; or

(iii) rejection of any bid or proposal is considered necessary fcr cther reasons of the rational interest.

(e) The following are examples of evaluation of tids and proposals in accordance with the provisions of (b) and (c) above:

Example 1: Price differential of 6 percent or less between low foreign (non-Canadian) and low domestic bid or proposal:

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6-1:9

BUY AMERICAN ACT-SUPPLY AND SERVICE CONTRACTS

The low domestic bid is not unreasonable; award would be made to the low domestic bidder (see (c) above).

Example 2: Price

differential in excess of 6

percent between low foreign (non-Canadian) and low domestic bid or proposal, and small business

and/or labor

involved.

surplus

Cost to Destination.....

Import Duty...--

Total....

6 Percent Differential...

Total...

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The low domestic bid is unreasonable; award would be made to the low foreign bidder (see above).

(၁)

Example 3: Low domestic bidder or offeror is a small business and/or labor surplus area concern; the low domestic bid or proposal exceeds the low foreign (non-Canadian) bid or proposal by more than 6 percent, and small purchase procedures are not involved.

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FOREIGN PURCHASES

A. In the case of Items 1, 2, 6 and 7 in the example, proposed awards would be submitted to the Assistant Administrator for Procurement for decision by the Administrator since (i) the low acceptable domestic tid exceeds the low acceptable foreign bid plus 6 percent on an item-by-item basis, (ii) the low domestic bidder is a small business or labor surplus area concern, and (iii) its bid exceeds $100,000 (see (c) (i) above).

B. In the case of Itens 3 and 5 in the example, award would be made to the low domestic bidder, since (i) the differential is less than 12 percent cn an item-by-item basis, (ii) the low domestic tidder is a small business or labor surplus area concern, and (iii) its bid is less than $100,000 (see (c) (ii) above).

C. In the case of Itens 4 and 8 in the example, award would be made to the low foreign bidder, since (i) the differential exceeds 12 percent on an item-by-item basis, (ii) the low domestic bidder is a small business or labor surplus area concern and (iii) its bid is less than $100,000 (see (c) (ii) above).

6.104-5 Contract Clause. In accordance with the requirements of this Subpart 1, insert the clause set forth below.

BUY AMERICAN ACT (SEPTEMBER 1961)

(a) In acquiring end products, the Buy American Act (41 U.S.C. 10a-d) provides that the Government give preference to domestic source end products. For the purpose of this clause:

"components"

means those

(i) materials, and supplies which are incorporated in the end products;

(ii) "end products" means those

articles,

directly

articles,

materials, and supplies which are to be acquired under this contract for public use; and

(iii) a "domestic source end product" means (A) an unmanufactured end product which has been mined

CFR TITLE 41 CHAPTER 18

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;

(iii) as to which the Administrator determines the domestic preference tc be inconsistent with 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, dated 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 4, 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 public interest to apply the restrictions of the Euy 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 Eananas

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
Emetine, bulk

Ergot, crude

Fair linen, altar

Fibers of the following

coir, flax, jute and palmyra

Goat and kid skins

Graphite, natural,

Hand sewing needles

Hog 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 bulk

Cpium, curde

*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

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