FOREIGN PURCHASES

within the United States (as defined in 6.201-4), the fcllowing procedures shall be fcllowed:

a

(i) If the proposed procurement of such supplies does rot exceed $10,000, the contracting officer shall make determination of nonavailability, as authorized in 6.103-2. This determination shall include, in addition to the findings cutlined in the determination format set forth in a finding to the effect that there is no known item or items from sources cther than those described in (c) (1) above, which can be used as a reasonable substitute. Such determination shall be made a part of the contract file.

(ii) If the proposed procurement of such supplies Exceeds $10,000, the contracting officer shall prepare a determination of nonavailability for signature by the Administrator. The format of the determination set forth in 6.103-2(c) shall te used and such cetermination shall include, as an additional finding, statement to the effect that there is no known item or items from sources other than those described in (c) (1) above, which can be used as a reasonable substitute. Such determination shall be forwarded in triplicate, to the office of Procurement, NA SA | Eeadquarters (Code HR-1).

a

(2) When it is proposed to procure supplies criginating from sources within Rhodesia, or supplies from certain Communist areas, for public use elsewhere than within the United States, or when a construction ccntractor proposes to use such supplies in the performance of a contract for construction elsewhere than within the United States, the following procedures shall be followed:

(i) If the proposed procurement of such supplies does not exceed $10,000, the contracting officer shall make a written finding setting forth the unusual situation, such as an emergency or the ncravailability of acceptable substitute supplies of domestic origin or from scurces other than those described in (c)(2), above, which justifies the procurement. Such finding shall be made a part of the contract file.

(ii) If the proposed procurement of such supplies exceeds $10,000, the contracting officer shall make a writter finding, as described in (c) (2) (i) above. Such finding shall be forwarded, in triplicate, to the | Cffice of Procurement, NASA Headquarters, (Code HR-1), for approval by the Administrator cf the exception authorizing the proposed procurement.

CFR TITLE 41 CHAPTER 18

PURCHASES FROM RHODESIA AND CERTAIN COMMUNIST AREAS

6.404 Contract Clause.

(a) Except as provided in (t) below, in contracts for supplies, services, cr ccnstruction, where acceptance is to take place outside the United States, its Fossessions, or Puerto Rico, the following clause shall te included in the contract:

RHODESIA AND CERTAIN COMMUNIST AREAS (JANUARY 1978)

(a) Unless he first cbtains the written approval of the Contracting officer, the Contractor shall not acquire for use in the performance of this contract:

(i) ary supplies or services originating from sources within Rhodesia and the communist areas of North Korea, Vietnam, or Cuba;

(ii) any supplies, however processed, which are or were located in or transported frcm or through North Korea, Vietnam, or Cuba;or

(iii) ferrochrcrium or steel will products in their tasic shapes and forms which contain more than three percent (3%) chromium if they are produced outside of the United States and contain Rhodesian chromium.

(b) The Contractor agrees to insert the provisions of this clause, including this paragraph (b), in all subcontracts hereunder.

End of clause7

(b) The requirements of (a) above do not apply to small Furchases (see Part 3, Subpart 6, of this Fegulation) when there is other reasonable assurance of compliance with the policy set forth in this Subpart.

NASA PROCUREMENT REGULATION

Subpart 6-Duty and Customs

6.601_Duties and Customs Customs on Foreign Purchases. Foreign__Purchases. Ordinarily, duty must be paid in connection with the importation of of supplies purchased by NASA outside the United States as provided in the tariff schedules set forth in 19 U.S.C. 1202 (Public Law 87-456, Title III, Section 303 (c), approved May 24, 1962; 76 Stat. 78). However, many items are listed in the schedules as being duty-free. Schedule 8 of 1202 is specifically directed to items which may be imported duty-free under conditions set forth in connection with the various items listed therein. Particular attention is invited to the following authorized exemptions:

of

(i) item 832 of Part 3 of Schedule 8 provides that "emergency war materials purchased abroad" may be imported duty-free upon certification by the Military Departments to the Commissioner Customs. Accordingly, when a Military Department makes a purchase on behalf of NASA, or when NASA is making a purchase for a Military Department, the above duty-free exemption authority shall be used to the maximum extent practicable. The policies and procedures for effecting duty-free entry of such materials are set forth in ASPR, Section VI, Part 6;

(ii) item 864.30 of Part 5, Schedule 8 provides for the duty-free exemption of "articles intended solely for testing, experimental or review purposes including plans, specifications, drawings, photographs, and similar articles for use in connection with experimental study" subject to the limitations set forth in headnote 1, under Item 862.20 of Part 5, Schedule 8; and

(iii) certain supplies (not including equipment) for vessels or aircraft operated by the United States are exempt from duty under 19 U.S.C. 1309.

6.602 Duty Free Entry of Scientific Instruments or Apparatus.

(a) Under the Educational, Scientific, and Cultural Materials Importation Act of 1966, NASA has been determined to be an eligible institution to request duty free entry for instruments or apparatus under Items 851.60 and 851.65, Tariff Schedules of the United States (19 USC 1202 (1970)). Pursuant to this authority, NA SA may apply for duty free entry of instruments or apparatus, or related repair components, if no instrument or apparatus of equivalent scientific value for the purpose for which the instrument or apparatus is intended to be used is being manufactured in the United States.

NASA PROCUREMENT REGULATION

FOREIGN PURCHASES

(b) Regulations governing procedures for application for duty free entry are set forth in 15 CFR 701 and 19 CFR 10.115. To take advantage of this authority, the contracting officer shall, with the advice of legal counsel, prepare an application in seven copies on U.S. Department of Commerce Form DIB-338P in accordance with the cited regulations.

(c) Applications prepared as prescribed above shall be submitted to the United States Customs Service, Attention: Classification and Value, Washington, DC 20229. The Office of General Counsel shall represent NASA before the Customs Bureau and the Court of Customs and Patent Appeals.

CFR TITLE 41 CHAPTER 18