[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: 43CFR12.730]

[Page 334-335]
 
                    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. 12.730  Buy American Act--Supplies.

    As prescribed in Sec. 12.725, insert the following clause:

                       Buy American Act--Supplies

    (a) The Buy American Act (41 U.S.C. 10) provides that the Government 
give preference to domestic end products.
    Components, as used in this clause, means those articles, materials, 
and supplies incorporated directly into the end products.
    Domestic end product, as used in this clause, means an 
unmanufactured end product mined or produced 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. 
Components of foreign origin of the same class or kind as the products 
referred to in paragraphs (b)(2) or (3) of this clause shall be treated 
as domestic.
    End products, as used in this clause, means those articles, 
materials, and supplies to be acquired for public use under this 
contract.
    (b) The contractor shall deliver only domestic end products, except 
those--
    (1) For use outside the United States;
    (2) That the Government determines are not mined, produced, or 
manufactured in the United States in sufficient and reasonably available 
commercial quantities of a satisfactory quality;

[[Page 335]]

    (3) For which the head of the grantee organization or a designee at 
a level no lower than the grantee's designated awarding official 
determines that domestic preference would be inconsistent with the 
public interest; or
    (4) For which the head of the grantee organization or a designee at 
a level no lower than the grantee's designated awarding official 
determines the cost to be unreasonable (see Sec. 12.715).

                             (End of clause)

                Buy American Act--Construction Materials