[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR325.108]



[Page 56]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 325_FOREIGN ACQUISITION--Table of Contents

 

                 Subpart 325.1_Buy American Act_Supplies

 

Sec. 325.108  Excepted articles, materials, and supplies.



    (b) Articles, materials, and supplies not listed in FAR 25.108(d) 

may be excepted only after a written determination has been made by the 

head of the contracting activity (not delegable). These determinations 

are required only in instances where it has been determined that only 

suppliers of foreign source end items shall be solicited. However, 

approvals and determinations covering individual acquisitions in the 

following categories may be made by the contracting officer:

    (1) Acquisition of spare and replacement parts for foreign 

manufactured items, if the acquisition must be restricted to the 

original manufacturer or its supplier; and

    (2) Acquisition of foreign drugs when it has been determined, in 

writing, by the responsible program official, that only the requested 

foreign drug will fulfill the requirement.



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