(2) Gasoline-a refined petroleum distillate which by its composition, is suitable for use as a carburant in internal combustion engines; (3) Jet fuel-a refined petroleum distillate used to fuel jet propulsion engines; (4) Naphtha-a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes; (5) Fuel oil-a liquid or liquefied petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil, residues; (6) Lubricating oil-a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces; (7) 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; (8) Asphalt-a solid or semi-solid cementitious material which gradually liquefies when heated, in which the predominating constituents are bitumins, and which is obtained in refining crude oil. (c) Unfinished oils means one or more of the petroleum oils listed in paragraph (b) of this section, or a mixture or combination of such oils, which are to be further processed other than by blending by mechanical means. [CGFR 63-58, 29 F.R. 15411, Nov. 18, 1964, as amended by CGFR 65-20, 30 F.R. 9979, Aug. 11, 1965] Subpart 11-6.2-Buy American Act Construction Contracts § 11-6.202-4 Noting exceptions and findings. The clause set forth below shall be inIcluded in all contracts for construction, except those executed on either Standard Form 19 or DD 1155, when any articles, materials, and supplies designated as nondomestic construction materials have been approved for use in connection with the contract pursuant to additional determinations made in accordance with § 11-6.250 and such items will be listed thereunder: NONDOMESTIC CONSTRUCTION MATERIALS The requirements of the clause of this contract entitled Buy American Act do not apply to construction materials or their components either included in the list set forth in § 11-6.250 of 41 CFR or as set forth below: (Insert list here) (a) Determinations. In accordance with the Buy American Act, the Secretary has determined that where the procedures set forth in paragraph (b) of this section below result in the use of nondomestic construction materials, the use of domestic construction materials would unreasonably increase the cost. (b) Unreasonable cost. If a bid or proposal is submitted in accordance with paragraph (b) of the provision set forth in § 1-6.204 of this title and if such bid or proposal would be the low acceptable bid or proposal but for the Buy American Act, award will be made on such bid or proposal if all the following conditions are satisfied: (1) The bid or proposal specifically designates the nondomestic construction materials (not listed as exceptions in the invitations for bids or requests for proposals) for use; (2) As to each such nondomestic construction material, accompanying data shows that the cost of any available acceptable domestic construction material, delivered at the construction site, would exceed by more than 6 percent the cost of the designated nondomestic construction material delivered at the construction site (including any applicable duty); (3) As to each such nondomestic construction material, the contracting officer is satisfied that the showing required by subparagraph (2) of this paragraph is correct as of the date of the opening of bids or proposals; and (4) The bid or proposal is low after adding, for evaluation purposes, to each bid or proposal 6 percent of the cost of all nondomestic construction materials (delivered at the construction site and including any applicable duty) which are offered in such bid or proposal and which qualify under subparagraphs (1) through (3) of this paragraph. (c) Impracticability. If a bid or proposal is submitted in accordance with paragraph (b) of the contract clause set forth in § 1-6.204, and if such bid or proposal would be the low acceptable bid or proposal but for the Buy American Act the proposed award shall be submitted, via the Commandant (F) to the Secretary, if the following conditions obtain: (1) The bid or proposal specifically designates the nondomestic construction materials (not listed as exceptions in the Invitation for Bids or Requests for Proposals) proposed for use; and (2) As to each such nondomestic construction material, accompanying data shows that it would be impracticable to use domestic construction materials. § 11-6.250 List of excepted articles, ma. terials and supplies. Pursuant to the Buy American Act and § 1-6.202-1, the Secretary has determined that the articles, materials, and supplies listed below may be used in construction without regard to country of origin, except as provided in Subpart 11-6.50 of this part. Additional determinations covering individual procurements will be made in accordance with §11-6.103-2 (c) and (d). If the proposed purchase is excepted from the requirements of the Buy American Act by this section, the contracting officer will prepare a finding stating that the items being purchased are exempted from the provisions of the Buy American Act pursuant to CGPR 11-6.250. The finding will be incorporated into the contractual instrument accomplishing the purchase |