[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR12.705]

[Page 332-333]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 12_ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES FOR 
ASSISTANCE PROGRAMS--Table of Contents
 
       Subpart E_Buy American Requirements for Assistance Programs
 
Sec. 12.705  Definitions.

    Components, as used in this subpart, means those articles, 
materials, and supplies incorporated directly into the end products.
    Concern, as used in this subpart, means any business entity 
organized for profit (even if its ownership is in the hands of a 
nonprofit entity) with a place of business located in the United States 
and which makes a significant contribution to the U.S. economy through 
payment of taxes and/or use of American products, to an individual, 
partnership, corporation, joint venture, association, or cooperative.
    Domestic end product, as used in this subpart, means (a) an 
unmanufactured end product mined or produced in the United States; or 
(b) 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. (In determining if an end 
product is domestic, only the end product and its components shall be 
considered.) The cost of each component includes transportation costs to 
the place of incorporation into the end product and any applicable duty 
(whether or not a duty-free entry certificate is issued). Components of 
foreign origin of the same class or kind for which determinations have 
been made in accordance with Section 12.710(d) (3) and (4) are treated 
as domestic. Scrap generated, collected, and prepared for processing in 
the United States is considered domestic. On acquisitions above $25,000 
in value, components of Canadian origin are treated as domestic.
    Domestic offer, as used in this subpart, means an offered price for 
a domestic

[[Page 333]]

end product, including transportation to destination.
    End product, as used in this subpart, means those articles, 
materials, and supplies to be acquired for public use under the grant, 
cooperative agreement, or procurement contract awarded under the grant 
or cooperative agreement.
    Foreign end product, as used in this subpart, means an end product 
other than a domestic end product.
    Foreign offer, as used in this subpart, means an offered price for a 
foreign end product, including transportation to destination and duty 
(whether or not a duty-free entry certificate is issued).
    Instrumentality, as used in this subpart, does not include an agency 
or division of the government of a country.
    Labor surplus area, as used in this subpart, means a geographical 
area identified by the Department of Labor in accordance with 20 CFR 
part 654, subpart A, as an area of concentrated unemployment or 
underemployment or an area of labor surplus.
    Labor surplus area concern, as used in this subpart, means a concern 
that together with its first-tier subcontractors will perform 
substantially in labor surplus areas. Performance is substantially in 
labor surplus areas if the costs incurred under the contract on account 
of manufacturing, production, or performance of appropriate services in 
labor surplus areas exceed 50 percent of the contract price.
    United States, as used in this subpart, means the states thereof, 
the District of Columbia, and the territories and possessions of the 
United States.

[59 FR 36715, July 19, 1994, as amended at 61 FR 68668, Dec. 30, 1996]