PART 1825
FOREIGN ACQUISITION
TABLE OF CONTENTS
1825.003 Definitions.
1825.003-70 NASA
definitions.
SUBPART 1825.1 BUY AMERICAN ACT--SUPPLIES
1825.103 Exceptions
SUBPART 1825.4
TRADE AGREEMENTS
1825.400 Scope
of subpart.
SUBPART 1825.9 CUSTOMS
AND DUTIES
1825.901 Policy.
1825.903 Exempted supplies.
SUBPART 1825.10 ADDITIONAL FOREIGN ACQUISITION
REGULATIONS
1825.1001 Waiver of right to examination of
records.
1825.1002 Use of foreign currency.
SUBPART 1825.11 SOLICITATION PROVISIONS AND CONTRACT
CLAUSES
1825.1101 Acquisition of Supplies.
1825.1103 Other provisions and clauses.
1825.1103-70 Export control.
SUBPART 1825.70
FOREIGN CONTRACTS AND INTERNATIONAL
AGREEMENT CLEARANCES
1825.7000 Scope
of subpart.
1825.7001 Definition.
1825.7002 Foreign
Contracts.
1825.7003 International
Agreements.
PART 1825
FOREIGN ACQUISITION
"Canadian end product”, for an item
with an estimated value of $25,000 or less, means an unmanufactured end product
mined or produced in Canada or an end product manufactured in Canada, if the cost
of its components mined, produced, or manufactured in Canada or the United
States exceeds 50 percent of the cost of all its components. The cost of components includes
transportation costs to the place of incorporation into the end product. For an end product with an estimated value in
excess of $25,000, the definition at FAR 25.003 applies.
Subpart
1825.1--Buy American Act--Supplies
(a)(i) The Assistant Administrator for Procurement has
determined that it is inconsistent with the public interest to apply
restrictions of the Buy American Act to Canadian end products with estimated
values of $25,000 or less as defined in 1825.003-70. Accordingly, contracting officers must
evaluate all offers for such Canadian end products on a parity with offers for
domestic end products, except that applicable duty (whether or not a duty free
entry certificate may be issued) must be included in evaluating offers for
Canadian end products.
(ii) The Assistant
Administrator for Procurement has determined that for procurements subject to
the Trade Agreements Act, it would be inconsistent with the public interest to apply
the Buy American Act to U.S.-made end products that are substantially
transformed in the
(iii) The procurement
officer shall send proposed public interest determinations to the Assistant
Administrator for Procurement (Code HS) for approval.
(b) The
Buy American Act applies to all acquisitions
of Japanese end products or services in excess of $3,000.
NASA has statutory authority to exempt
certain articles from import duties, including articles that will be launched
into space, spare parts for such articles, ground support equipment, and unique
equipment used in connection with an international program or launch service
agreement. This authority is fully
described in 14 CFR 1217.
(a) Through
delegation from the Assistant Administrator for Procurement, Procurement Officers
are authorized to certify duty free entry for articles imported into the United
States, if those articles are procured by NASA or by other U.S. Government
agencies, or by U.S. Government contractors or subcontractors when title to the
articles is or will be vested in the U.S. Government in accordance with the
terms of the contract or subcontract.
Procurement officers shall complete the certification set forth in 14
CFR 1217.104(a) or 1217.104(c) (http://www.access.gpo.gov/nara/cfr/cfr-retrieve.html
- page1). Upon
arrival of foreign supplies at a port of entry, the consignee, generally the
commercial carrier or its agent (import broker), will file Customs Form 7501,
Entry Summary. This form is available
from Service Ports (http://www.customs.ustreas.gov/location/ports/index.htm)
or from NASA Headquarters' forms library (https://extranet.hq.nasa.gov/nef/user/form_search.cfm). All duty-free certificates must be
coordinated with the center Chief Counsel.
Procurement officers must maintain a record of each certification and
make this record available for periodic review by NASA Headquarters and the
U.S. Customs Service.
Subpart 1825.10--Additional Foreign
Acquisition Regulations
1825.1001 Wavier of right to examination of records.
(b) The
Administrator is the approval authority for waivers. The contracting officer must submit the
waiver request, consisting of the determination and findings prescribed in FAR 25.1001(b) and any relevant
supporting information, to the Headquarters Office of Procurement (Code HS).
1825.1002 Use of foreign currency.
The NASA Headquarters Comptroller (Code B) is
the designated official for making the determination of the feasibility of
using excess or near-excess currency.
Subpart
1825.11--Solicitation Provisions and Contract Clause
1825.1101 Acquisition of supplies.
(c)(1)
NASA has determined that the restrictions of the Buy American Act are
not applicable to U.S.-made end products.
(e) The
contracting officer must add paragraph (k) as set forth in 1852.225-8, Duty-Free Entry of Space
Articles, in solicitations and contracts when the supplies that will be
accorded duty-free entry are identifiable before award. Insert the supplies determined in accordance
with FAR Subpart
25.9
and 1825.903.
1825.1103 Other provisions and clauses.
(a) Background. (1)
NASA contractors and subcontractors are subject to U.S. export control
laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130,
and the Export Administration Regulations (EAR), 15 CFR Parts 730 through
799. The contractor is responsible for
obtaining the appropriate licenses or other approvals from the Department of
State or the Department of Commerce when it exports hardware, technical data,
or software, or provides technical assistance to a foreign destination or
"foreign person", as defined in 22 CFR 120.16, and there are no
applicable or available exemptions/exceptions to the ITAR/ EAR,
respectively. A person who is lawfully
admitted for permanent residence in the
(2) The
exemption at 22 CFR 125.4(b)(3) of the ITAR provides that a contractor may
export technical data without a license if the contract between the agency and
the exporter provides for the export of the data. The clause at 1852.225-70,
Alternate I, provides contractual authority for the exemption, but the
exemption is available only after the contracting officer, or designated
representative, provides written authorization or direction enabling its
use. It is NASA policy that the
exemption at 22 CFR 125.4(b)(3) may only be used when technical data (including
software) is exchanged with a NASA foreign partner pursuant to the terms of an
international agreement in furtherance of an international collaborative
effort. The contracting officer must
obtain the approval of the Center Export Administrator before granting the
contractor the authority to use this exemption.
(b) Contract
clause.
Insert the clause at 1852.225-70, Export Licenses, in all solicitations and contracts,
except in contracts with foreign entities.
Insert the clause with its Alternate I when the NASA project office
indicates that technical data (including software) is to be exchanged by the
contractor with a NASA foreign partner pursuant to an international agreement.
Subpart
1825.70--Foreign Contract and
International Agreement Clearances
This subpart prescribes policy and procedures
for pre-award clearance of foreign
contracts, and for coordination of
international agreements that contemplate award of contracts using appropriated
funds.
"Foreign
contract acquisition”, as used in this subpart, means the acquisition by
negotiation of supplies or services, including construction work and research
and development when the work is to be performed outside the
(a) Negotiation
of contracts with domestic concerns involving work to be performed outside the
(b)
Contracts with the Canadian Commercial Corporation.
(a) Policy. Following the procedure in paragraph (b) of
this section, the Acquisition Team must coordinate with Headquarters before
initiating any foreign contract acquisition if the acquisition is valued above
$100,000 or involves export control issues.
An acquisition involves export control issues if it entails --
(1) Importing
or exporting goods or technical data from or to a country listed in 22 CFR
126.1(a) or (d) (Subchapter M, the International Traffic in Arms Regulations) (http://www.pmdtc.org/reference.htm#ITAR):
(2) Importing
or exporting Defense Articles or Defense Services on the United States
Munitions List at 22 CFR Part 121 which would require NASA to obtain a license
from the State Department's Office of Defense Trade Controls;
(3) Exporting
goods or technical data on the Commerce Control List at 15 CFR Part 744 and
that require NASA to obtain either a Special or an Individual Validated
License;
(4) Importing
and/or exporting goods or technical data from or to an entity listed in 15 CFR
Part 740, Supplements 1, Country Group D; or
(5) Exporting
and/or importing of goods, technology, or services to or from any entity
subject to transaction control, embargo, or sanctions pursuant to 31 CFR
Chapter V.
(b) Procedure.
(1) The
Headquarters or field installation technical office requiring a foreign
contract acquisition meeting any of the criteria listed in paragraph (a) of
this section must submit the following information to the Headquarters Office
of External Relations (Code I) through the contracting officer and the
Headquarters Office of Procurement (Code HS) --
(i) The name of the foreign entity,
the country or countries involved, and the purpose of the contract;
(ii) The Space Act agreement(s)
involved (pursuant to NPD 1050.1),
if any;
(iii) A description of the goods or
technical data requiring prior written approval or the issuance of the license
for their import or export from the Departments of Commerce, State, or
Treasury; and
(iv) The reason why the acquisition
is being placed with a foreign entity.
(2) All
coordination required between NASA and the Departments of Commerce, State, and
Treasury regarding foreign contract acquisitions shall be accomplished through
the Headquarters Office of External Relations (Code I).
(3) The lead-time for obtaining an export license
is 60 to 90 days. Requests for
Headquarters clearance should be initiated as early as possible.
1825.7003 International Agreements.
Office of Procurement (Code HS) concurrence
is required for all Memoranda of Understanding with foreign entities and for
other types of international agreements which contemplate the procurement of
goods or services using