Procurement Notice 89-81 NASA logo

89-81
Procurement Notice


(August 15, 1996)

ACQUISITION OF JAPANESE PRODUCTS AND SERVICES

PURPOSE: To revise the NASA FAR Supplement (NFS) to apply the Buy American Act and the Balance of Payments Program to all acquisitions, regardless of dollar value, when Japanese products or services are offered.

BACKGROUND: In negotiations with Japan, the U.S. Trade Representative has removed NASA from the list of agencies required to acquire Japanese products and services on a nondiscriminatory basis. Previously, NASA had excluded Japan as a designated country for purposes of the Trade Agreements Act, but this action was more restrictive than was required by the U.S. Trade Representative.

REGULATIONS: Subpart 1825.4 is amended as set forth in the enclosed replacement pages to the NFS.

REPLACEMENT PAGES: You may use the enclosed pages to replace TOC 25:1, TOC 25:2 and 254: 1 of the NFS.

REGULATORY COMPLIANCE: This PN has been published as a final rule in the Federal Register (August 15, 1996).

EFFECTIVE DATE: This PN is effective as dated and shall remain in effective until canceled or superseded.

CANCELLATION: This PN cancels PN 8979, dated February 21, 1996.

HEADQUARTERS CONTACT: Christopher T. Jedrey, Code HK, (202) 358-0483.

Anne Guenther

Director, Contract

Management Division

Enclosures

DISTRIBUTION:

NFSD List

PROCUREMENT NOTICE (PN) 898 I REPLACEMENT PAGE TOC 25: 1

PART 1825

FOREIGN ACQUISITION

TABLE OF CONTENTS

SUBPART 1825.1 BUY AMERICAN ACTSUPPLIES

1825.101 Definitions.

1825.102 Policy.

1825.103 Agreements with certain foreign governments.

1825.105 Evaluating offers.

1825.108 Excepted articles, materials, and supplies.

SUBPART 1825.2 BUY AMERICAN ACTCONSTRUCTION

MATERIALS

1825.202 Policy.

1825.203 Evaluating offers.

1825.205 Solicitation provision and contract clause.

1825.20570 NASA contract clause.

SUBPART 1825.3 BALANCE OF PAYMENTS PROGRAM

1825.304 Excess and nearexcess foreign currencies.

SUBPART 1825.4 PURCHASES UNDER THE TRADE AGREEMENTS

ACT OF 1979

1825.400 Scope of subpart.

1825.402 Policy.

1825.403 Exceptions.

1825.403 70 Coordination of arms purchases.

1825.405 Procedures.

SUBPART 1825.6 CUSTOMS AND DUTIES

1825.604 Exempted supplies.

1825.605 Contract clause.

1825.60570 NASA contract clause.

1825.670 Legal representation.

SUBPART 1825.7 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

1825.703 Exceptions.

SUBPART 1825.9 ADDITIONAL FOREIGN ACQUISITION CLAUSES

1825.901 Omission of Audit clause.

NASA FAR SUPPLEMENT

TOC 25:2 PROCUREMENT NOTICE (PN) 8981 REPLACEMENT PAGE

SUBPART 1825.70 FOREIGN CONTRACTS

1825.7000 Scope of subpart.

1825.7001 Definition.

1825.7002 Policy.

1825.7003 Procedures.

1825.7004 Assignment of contract administration for contracts

performed in Canada.

SUBPART 1825.71 RESERVED

SUBPART 1825.72 LIMITATION ON STRATEGIC DEFENSE

INITIATIVE (SDI) CONTRACTING

1825.7200 Procedures.

CFR TITLE 48 CHAPTER 18

PROCUREMENT NOTICE (PN) 8981 REPLACEMENT PAGE 254:1

Subpart 1825.4Purchases Under the

Trade Agreements Act of 1979

1825.400 Scope of subpart.

For acquisition of Japanese end products or services, NASA is not a covered agency. Thus, the Buy American Act and the Balance of Payments Program apply to all acquisitions, regardless of dollar amount. The Trade Agreements Act and waiver requirement in FAR 25.402(c) do not apply.

1825.402 Policy.

The threshold for procurements subject to the Trade Agreements Act of 1979 is $176,000.

1825.403 Exceptions.

1825.40370 Coordination of arms purchases.

With respect to the exceptions in FAR 25.403(d), if a contracting officer considers an individual acquisition to be a purchase "indispensable for national security or for national defense purposes" and appropriate for exclusion from the provisions of FAR 25.4 and of this Subpart 1825.4, the contracting officer shall submit a request with supporting rationale to Headquarters, Office of External Relations (Code I), for coordination with the Office of the U.S. Trade Representative.

1825.405 Procedures.

Solicitations shall require that applicable duty charges be included in the offered price, whether or not dutyfree certificates are obtained. Duty charges shall be included in the price evaluation.

NASA FAR SUPPLEMENT


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