PART 6 FOREIGN PURCHASES Subpart 1-Buy American Act-Supply and Service Contracts 6.000 Scope of Part. This Part includes (i) restrictions and procedures affecting procurements of foreign-made items; (ii) restrictions on purchases from communist countries or areas; (iii) procedures affecting procurements from Canadian sources; (iv) guidance on the use of duty-free entry procedures for foreign items generally and for certain Canadian items; and (v) procedures for procurements from foreign sources. 6.001 Definitions. As used throughout this Part, the words and terms, defined in this paragraph shall have the meanings set forth below unless a different definition is prescribed for a specific Subpart of this Part. (a) End products means articles, materials, and supplies, which are to be acquired for public use. As to a given contract, the end products are the items to be delivered to the Government, as specified in the contract, including supplies to De acquired by the Government for public use in connection with service contracts, but excluding installation and other services to be performed after delivery. (b) Components means those articles, materials, and supplies, which are directly incorporated end products. (c) United States means the States, the District cf Columbia, Puerto Rico and possessions (sec 1.223). It does not include leased bases or trust territories. (d) United States end product means an unmanufactured end product which has been mined or produced in the United States, or an end product Ranufactured in the United States it the cost of its components which are mined, produced, or manufactured in the United States exceeds 5: percent of the cost of all its components. The cost of components shall include transportation costs to the place of incorporation into the end product and, in the case of a component of foreign crigin, duty (whether or not a duty free entry NASA FPCCUREMENT REGULATION FOREIGN PURCHASES certificate may be issued). A component shall be considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the end product 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. (e) Domestic concern me ans an incorporated concern incorporated in the United States or an unincorporated concern having its principal place of business in the United States. (In the context of this Part, "concern" reters to a prospective or actual contractor. Thus, a contract with a foreign subsidiary or foreign branch or business office of a United States corporation would not be a contract with a domestic concern. Conversely, a contract executed by a foreign salesman or agent on behalf of a domestic concern would nevertheless be a contract with a domestic concern since the basic contractual and legal responsibility resides with the domestic concern.) (f) Foreign concern means a concern that is not a domestic concern. 6.1 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 supply and service contracts. an 6.101 Definitions. As used in this Subpart, the following terms have the meanings set forth below. (a) Domestic source end product means unmanufactured end product which has been mined or produced in the United States, or an end product 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. The cost of components shall include transportation costs to the place of incorporation into the end product and, in the case of components of foreign crigin, duty (whether or not a duty free entry certificate may be issued.) A component shall be considered to have been mined, produced, or CFR TITLE 41 CHAPTER 18 |