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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: September 16, 2003

SUBJECT: Federal Acquisition Regulation (FAR); Buy American Act -- Nonavailable Articles

SOURCE: Federal Register, September 16, 2003, Vol. 68, No. 179, page 54295

AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: It is proposed that FAR 25.104, Nonavailable Articles, be amended to add certain food and textile items to the list of articles exempt from the requirements of the Buy American Act because they are not available from domestic sources in sufficient and reasonably available commercial quantities of a satisfactory quality.

EDITOR'S NOTE: For more on the Buy American Act, see FAR Subpart 25.1, Buy American Act -- Supplies, and FAR Subpart 25.2, Buy American Act -- Construction Materials.

DATES: Comments should be submitted on or before November 17, 2003.

ADDRESSES: Submit written comments on proposed rule to General Services Administration, FAR Secretariat (MVA), 1800 F Street, NW, Room 4035, Attn: Laurie Duarte, Washington, DC 20405. Submit e-mail comments to: farcase.2002-008@gsa.gov. Cite "FAR case 2003-007" when referring to this proposed rule.

FOR FURTHER INFORMATION CONTACT: Cecelia L. Davis, 202-219-0202.

SUPPLEMENTAL INFORMATION: This proposed rule would amend FAR 25.104(a) to add bamboo shoots, goat hair canvas, canned grapefruit sections, modacrylic fur ruff, and water chestnuts to the list of articles not available from domestic sources in sufficient and reasonably available commercial quantities of a satisfactory quality. Paragraph (b) of FAR 25.103, Exceptions, permits the acquisition of foreign end products listed in FAR 25.104 without regard to the restrictions of the Buy American Act. This proposed rule is based on extensive market research by the Defense Logistics Agency.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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