06-11

Procurement Information Circular


October 6, 2006

FPDS-NG:  REPORTING OF PURCHASES FROM OVERSEAS SOURCES

 

PURPOSE:  To provide additional guidance on the completion of the FPDS-NG field for place of manufacture.

 

BACKGROUND:  FAC 2005-13 was published in the Federal Register on September 28, 2006.  FAC Item VI, “Reporting of Purchases from Overseas Sources,” is an interim rule that implements Section 837 of Division A of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (P.L. 109-115).  Section 837 requires the head of each Federal agency to submit a report to Congress relating to acquisitions of articles, materials, or supplies that are manufactured outside the United States.  The revised FAR requires an offeror to provide place of manufacture information in its response to either the new solicitation provision at FAR 52.225-18, Place of Manufacture, or the commercial item equivalent in paragraph (j) of the revised provision at 52.212-3 Offeror Representations and Certifications – Commercial Items. When the place of manufacture is outside the United States, the contracting officer is also required to enter the reason for buying items manufactured outside the United States into FPDS-NG.

 

GUIDANCE:  The FPDS-NG field for Place of Manufacture (9H) has been updated to include additional choices in the drop down. This field applies to all awards for manufactured end products including contracts, purchase orders, and delivery/task orders.  Select the appropriate code/description in accordance with the following table and instructions:

 

9H  Place of Manufacture

 

Values: 

Code

Short Description

Long Description

A

U.S.

The action is for (i) A foreign end product that is manufactured in the United States but still determined to be foreign because 50 percent or more of the cost of the components is not mined, produced, or manufactured inside the United States or qualifying countries; or (ii)  Services performed in the United States by a foreign concern.

B

Foreign

The action is for (i) Any other foreign end product; or (ii) Services performed outside the United States by a foreign concern. 

C

Not applicable

Not applicable. 

D

Mfg in U.S.

The action is predominantly for acquisition of  manufactured end products that are manufactured in the United States

E

Mfg outside U.S. - Use outside the United States                                           

The foreign manufactured end products acquired are predominantly for use outside the United States (FAR 25.100).

F

Mfg outside U.S. - Resale

The foreign manufactured end products acquired are predominantly for resale (FAR 25.103(d)).

G

Mfg outside U.S. - Trade Agreements

The foreign manufactured end products are predominantly eligible products acquired under Trade Agreements (FAR 25.402(a)(1)).

H

Mfg outside U.S. - Commercial information technology

The foreign manufactured end products are predominantly commercial information technology items (FAR 25.103(e)).

I

Mfg outside U.S -Public interest determination

The head of the agency has made a determination that domestic preferences would be inconsistent with the public interest (FAR 25.103(a)). 

J

Mfg outside U.S. - Domestic nonavailability

The foreign manufactured end products were predominantly not domestically available as shown by one of the following:

  • The item is listed at FAR 25.104 (FAR 25.103(b)(1)).
  • The agency did an individual determination (FAR 25.103(b)(2)).
  • No offer of a domestic end product was received, even though the acquisition was synopsized and conducted through full and open competition (FAR 25.103(b)(3)).

K

Mfg outside U.S. - Unreasonable cost

The cost of the offered domestic end products was unreasonable (FAR 25.103(c), 25.105, and Subpart 25.5)

L

Mfg outside U.S. - Qualifying country

For DoD only, the foreign manufactured end products are predominantly qualifying country end products (DFARS 225.003 and 225.872-1)

 

The descriptions for Codes A, B, and C remain unchanged.  Codes A, B, and C are to be used only for reporting contracts awarded, or orders issued, prior to October 1, 2006. 

 

New codes D through L have been added in order to meet the statutory reporting requirements in FAR 25.004.  These codes are only applicable to contracts awarded, and orders issued, after October 1, 2006, for manufactured end products.  If the solicitation for the contract contains the provision at FAR 52.225-18 (or the commercial item equivalent at 52.212-3(j)), the contracting officer must review the response of the successful offeror to this provision in order to select the correct code.

 

Enter code D if the offeror checks the solicitation provision box for “In the United States”. 

 

If the offeror checks the box for “Outside the United States,” enter one of the codes E through L, depending on the predominant reason for acquiring end products manufactured outside the United

 

States.  These reasons correspond to the exceptions to the Buy American Act (FAR 25.1).  Further explanation of the exceptions to the Buy American Act are available at the FAR references provided in the long description for each code.

 

Code L is applicable only to acquisitions made by or for the Department of Defense.

 

For any order for a manufactured end product placed after October 1, 2006, against a contract where the solicitation did not include the provision at 52.225-18 (or 52.212-3(j)), the contracting officer shall use place of performance in estimating whether the products were manufactured in the United States or outside the United States.

 

For any contract predominantly for manufactured end products awarded after October 1, 2006, where the solicitation did not include the provision at 52.225-18 (or 52.212-3(j)), the contracting officer shall use place of performance in estimating whether the products were manufactured in the United States or outside the United States.

 

EFFECTIVE DATE:   This PIC is effective as dated and will remain in effect until canceled or superseded.

 

HEADQUARTERS CONTACT:  Beverly Smith, Code HC (202) 358-0472, email: Beverly.Smith@nasa.gov.

 

James Balinskas

Director, Contract Management

   Division

 

DISTRIBUTION:

  PIC List