[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: 43CFR12.710]

[Page 333-334]
 
                    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. 12.710  Policy.

    (a) In the case of any equipment or product that may be authorized 
to be purchased with financial assistance provided using funds made 
available under Public Law 104-208, it is the sense of Congress that 
entities receiving the assistance should, in expending the assistance, 
purchase only American-made equipment and products.
    (b) In awarding financial assistance under Public Law 104-208, 110 
Stat. 3009, bureaus and offices excluding the Bureau of Reclamation will 
provide to each recipient of the assistance the following notice:

    Notice: Pursuant to sec. 307 of the Omnibus Consolidated 
Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, please 
be advised of the following:
    In the case of any equipment or product that may be authorized to be 
purchased with financial assistance provided using funds made available 
in this act, it is the sense of the Congress that entities receiving the 
assistance should, in expending the assistance, purchase only American-
made equipment and products.

    (c) In awarding financial assistance using funds made available 
under Public Law 104-206, to the greatest extent practicable, the Bureau 
of Reclamation will provide to each recipient of the assistance the 
following notice:

    Notice: Pursuant to sec. 501 of the Energy and Water Development 
Appropriations Act, 1997, Public Law 104-206, 110 Stat. 2984, please be 
advised of the following:
    It is the sense of the Congress, that to the greatest extent 
practicable, all equipment and products purchased with funds made 
available in this act should be American-made.

    (d) The Buy American Act requires that only domestic end products be 
acquired for public use, except articles, materials, and supplies--
    (1) For use outside the United States;
    (2) For which the cost would be unreasonable, as determined in 
accordance with Sec. 12.715;
    (3) For which the agency head determines that domestic preference 
would be inconsistent with the public interest; or
    (4) That are not mined, produced, or manufactured in the United 
States in sufficient and reasonable available commercial quantities, of 
a satisfactory quality (see Sec. 12.720).
    (e) The grantee's contracting officer may make a nonavailability 
determination under Sec. 12.710(d)(4) for a procurement contract 
awarded under the grant or cooperative agreement if--
    (1) The procurement action was conducted by full and open 
competition;
    (2) The procurement action was publicly advertised; and
    (3) No offer for a domestic end product was received; or
    (f) The head of the grantee's contracting activity or designee may 
make a nonavailability determination

[[Page 334]]

under Sec. 12.710(d)(4) for any circumstance other than specified in 
paragraph (e) of this section.

[59 FR 36715, July 19, 1994, as amended at 59 FR 65500, Dec. 20, 1994; 
61 FR 39084, July 26, 1996; 61 FR 68668, Dec. 30, 1996]