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EFFECTIVE DATE: This PN is effective as dated and shall remain in effective until canceled or superseded.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