DATE: May 18, 2004
SUBJECT: Federal Acquisition Regulation (FAR); List of Nonavailable Articles Under the Buy American Act
SOURCE: Federal Register, May 18, 2004, Vol. 69, No. 96, page 28104
AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
ACTION: Request for Comments
SYNOPSIS: Information is being sought that will assist in determining whether some articles listed in FAR 25.104, Nonavailable Articles, are now mined, produced, or manufactured in the United States in sufficient and reasonably-available commercial quantities and are of a satisfactory quality. Such articles would become subject to the Buy American Act.
EDITOR'S NOTE: The Buy American Act is implemented in FAR Subpart 25.1, Buy American Act -- Supplies, and FAR Subpart 25.2, Buy American Act -- Construction Materials.
DATES: Comments are due on or before July 19, 2004.
ADDRESSES: Submit comments to General Services Administration, FAR Secretariat (MVP), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405, or by e-mail to farcase.2004-N1@gsa.gov. Cite "FAR Case 2004-N01" in all correspondence related to this request for comments.
FOR FURTHER INFORMATION CONTACT: Cecelia Davis, 202-219-0202.
SUPPLEMENTAL INFORMATION: The Buy American Act requires that only domestically mined, produced, or manufactured articles may be procured for public use in the United States. The Buy American Act provides several exceptions to this requirement, one of them being for articles not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality (paragraph (b)(1) of FAR 25.103, Exceptions). FAR 25.104(a) lists the articles which meet the conditions of this exception.
The FAR 25.104(a) list of articles is a comprehensive and wide-ranging mix of natural resources, compounds, materials, and other items of supply. Although some articles on the list have no known domestic production sources (for example, quartz crystals and vanilla beans), many are known to have some domestic sources, but those sources have been determined in the past to be inadequate to meet U.S. demand (for example, goat and kidskins (negligible domestic production); crude iodine (5% of U.S. government and nongovernment demand); and bismuth (not in excess of 50% of U.S. government and nongovernment demand).
The list has not been subjected to a thorough review since 1957. With constantly changing market conditions, the Defense Acquisition Regulations (DAR) Council or the Civilian Agency Acquisition Council (CAAC) are seeking information to determine whether some articles should be removed from the list because they are now mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. Specific information regarding domestic production capacity in relation to U.S. government and nongovernment demand and the quality of domestically produced items would help the Councils determine whether articles should remain on or be removed from the list.
The request for comments states, "A sources-sought notice will be published in FedBizOpps [http://www.FedBizOpps.gov] in an effort to increase the awareness of this request and to receive greater responses from interested parties on the nonavailable articles listing."
EDITOR'S NOTE: The request for comment advises that the following articles will be included in the FAR 25.104(a) nonavailable list when a final rule is published:
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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