3.6.4-2 Buy American Act (April 1996).rtf

Federal Aviation Administration (FAA) Acquisition Management System (AMS) Contract Clauses

Clause # Title Date Text 3.6.4-2 Buy American Act--Supplies Apr 1996

(a) The Buy American Act (41 U.S.C. 10) provides that the Government give preference to domestic end products.(b) Definitions: (1) Components, as used in this clause, means those articles, materials, and supplies incorporated directly into the end products.(2) Domestic end product, as used in this clause, means (1) an unmanufactured end product mined or produced in the United States, or (2) an end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (c)(2) or (3) of this clause shall be treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic.(3) End products,� as used in this clause, means those articles, materials, and supplies to be acquired for public use under this contract.(c) The Contractor shall deliver only domestic end products, except those--(1) For use outside the United States;(2) That the FAA determines are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality;(3) For which the FAA determines that domestic preference would be inconsistent with the public interest; or(4) For which the FAA determines the cost to be unreasonable.(d) The offeror warrants that each end product is a domestic end product as defined in this clause, and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States. Should any end product be of foreign origin, the Contractor shall identify, in writing, such products and country of origin to the Contracting Officer in prior to contract award. Offerors may obtain from the Contracting Officer lists of articles, materials, and supplies excepted from the Buy American Act.(e) For breach or violation of this warranty, the FAA has the right to annul any resultant contract without liability.(End of clause)