Requests for the establishment of or a change to a Federal Supply Schedule mandatory upon elements of the Department of Defense shall be forwarded through the cognizant head of procuring activity to the addressee in § 591.150(b) (11) of this chapter and shall contain complete item identification including FSN if available, item use, and full justification for the action recommended. The head of procuring activity shall include its recommendations in the matter. §§ 595.103-595.105 [Reserved] § 595.106 Federal Supply Schedules with multiple source provisions. (a) The Justification memorandum required by § 5.106(a) of this title shall be prepared and signed by the activity initiating the purchase request and shall be reviewed and approved by the chief of the purchasing office before an order is placed. (b) Procurement of articles of foreign origin from Federal Supply Schedules shall be made only after the determinations required by Part 6 of this title and Part 596 of this chapter have been made or obtained from the appropriate approving authority. Subpart B-Procurement of Supplies From General Services Administration Stores Depots and of Services for Repair and Refinishing From General Services Administration Sources Subpart F-Procurement of Printing and Related Supplies § 595.601 Printing and related supplies. (a) AR 310-1 contains instructions which contracting officers shall follow pertaining to (1) Public printing and duplicating, including contract field printing; (2) Preparation of the Annual Contract Printing Report (JCP Form 2), Reports Control Symbol JCP-1003; and (3) The procurement of envelopes. (b) AR 341-10 contains procedures for the procurement, control, and use of matter bearing the official indicia "Postage and Fees Paid, Department of the Army." (c) Blank paper, ink, glues, and other related supplies manufactured or regularly carried in stock by the Government Printing Office (GPO) and which are used within the District of Columbia, shall be purchased from that office. Purchases of these items for field use may be made otherwise if they can be procured cheaper for delivery in the field than from the GPO, taking into consideration the cost of packing and transportation. Paragraph 11, section II, AR 37-27, contains instructions relative to purchases of Government publications from the GPO. (d) The supplemental certificate in paragraph 4-3c, AR 37-107, is prescribed for use in connection with contracts and purchase orders involving payments for printing, binding, and blank-book work procured other than from the GPO. [34 F.R. 9516, June 18, 1969, as amended at 36 F.R. 20682, Oct. 28, 1971] Subpart K-Coordinated Procurement § 595.1102 Responsibilities under single department procurement. (a) The Commanding General, U.S. Army Material Command, shall be responsible for the assignment of procurement responsibility to procuring activities within the Department of the Army of those commodity assignments (see § 5.1201-3 of this title) made to the Department of the Army under the Department of Defense Coordinated Procurement Program. (b) The Department of the Army procuring activity assigned procurement responsibility for a commodity shall be responsible for collecting and coordinating the requirements of the Department of the Army, or arranging therefor. § 595.1103 General principles governing implementation of procurement assignments. § 595.1103-1 Standard format-development and promulgation of implementing procedures. Implementing procedures for Army single department procurement assignments are contained in AR 715-15. § 595.1103-4 Emergency. Purchases made under the emergency provision of § 5.1103-4 of this title shall be limited to those where circumstances and conditions are comparable to those described in § 3.202-2 of this title. § 595.1104 Items in short supply. Shortages of supplies and services requiring coordination with other Departments shall be reported, with complete information thereon, to the addressee in § 591.150 (b) (11) of this chapter for resolution. § 595.1118 Procurement agreements. To the extent that any interservice support agreement involves procurement, it may be executed under authority of, and at the level indicated in, AR 1-35. A copy of all proposed and final procurement agreements with other military departments shall be furnished the Commanding General, U.S. Army Materiel Command, Attention: AMCRP-SP, Washington, D.C. 20315. [35 F.R. 8566, June 3, 1970] 596.1106 596.1106-3 596.1107 598.1150 Awards. Awards requiring approval by higher authority. Determinations of nonfeasibility and contract certifications. Payment instructions. AUTHORITY: The provisions of this Part 596 issued under secs. 2301-2314, 3012, 70A Stat. 127-133, 157; 10 U.S.C. 2301-2314, 3012. Subpart A-Buy American Act-- § 596.103 Exceptions. [31 F.R. 9917, July 22, 1966] § 596.103-2 Nonavailability in the United States. (a) When determinations of nonavailability in the United States are required (determinations are not required for items listed in § 6.105 of this title), they shall be prepared in the format below and shall be signed by the contracting officer DETERMINATION Pursuant to the authority contained in section 2, title III of the Act of March 3, 1933, popularly called the Buy American Act (41 U.S.C. 10 a-d), I hereby find: a. (Describe the item(s) to be procured. unit, quantity, and purpose for which intended.) b. (State actual or estimated cost including transportation to destination and any applicable duty.) c. (State country of origin and name and address of prospective contractor.) d. (State whether the item(s) is (are) manufactured and assembled in the country of origin, or is (are) assembled in the United States, indicating whether the manufacture or assembly constitutes the greater percentage of cost.) e. (State facts clearly establishing the nonavailability of or feasibility of substituting domestic source end products, including a listing of performance requirements or characteristics of the foreign end product which are not available in a domestic source end product and which are essential to meet the military requirement.) 1. (State reasons why the requirement cannot be foregone, the impact on the military operation should the foreign end product not be purchased, and whether the purchase 1s for & one-time or recurring requirement.) Based upon the above showing of facts, I hereby determine that: a. the above-described item(s) is (are) not mined, produced, or manufactured, or the articles, materials, or supplies from which it (they) is (are) manufactured, are not mined, produced, or manufactured (as the case may be) in the United States in sumcient and reasonably available commercial quantities and of a satisfactory quality; and b. the requirement cannot be foregone. (Signature) (b) Chiefs of purchasing offices, provided, they are not acting as the contracting officer for the procurement involved, may approve procurements pursuant to § 6.103-2(d) (1) of this title. Approvals of officials in § 6.103.2(d) (1), (2), and (3) of this title (approval for procurement of items listed in § 6.105 of this title other than as components of domestic source end products or construction materials is required in accordance with 6.105 of this title) shall be prepared in the following format and shall be signed by the approving authorityFOREIGN SOURCE PROCUREMENT DETERMINATION The requirement of the Buy American Act that domestic source end products be acquired for public use is not applicable to the procurement of the supplies described herein because said procurement is within the nonavailability exception stated in the Act. In accordance with the Balance of Payments Program, it is determined that the requirement cannot be foregone and that there is no United States substitute. Therefore, authority is granted to the contracting officer (insert name of installation/activity) to procure [describe supplies] of foreign origin at an [estimated] [actual] total cost of $------, including duty and transportation cost to destination. (Signature) (c) When approval of the Secretary of the Army is required, a letter request containing the following information shall be forwarded through the cognizant Head of Procuring Activity to the addressee in § 591.150(b) (6) of this chapter (see 591.150 (d) of this chapter): (1) A complete description of the item(s), including unit, quantity, and purpose for which intended; (2) The actual cost, if available, including transportation to destination and any applicable duty, together with a copy of the solicitation and abstract of bids or proposals; or, when the actual cost is not available, the estimated cost, including transportation cost to destination and any applicable duty, together with a statement as to how the estimated costs were determined; (3) The country of origin of the foreign end product; if a Communist area, justification for the need for purchasing the product from a source in a Communist area; (4) The name and address of the prospective contractor; (5) A statement as to whether the foreign end product is manufactured and assembled in the country of origin, or whether the product is assembled in the United States, indicating whether the manufacture or asserably constitutes the greater percentage of cost; (6) A statement of facts clearly establishing the nonavailability of domestic source end products, together with a listing of performance requirements or characteristics of the foreign end product which are not available in a domestic source end product and which are essential to meet the military requirement (this statement shall definitely establish that the performance requirements or characteristics listed are essential to the military requirement and are not available in domestic source end products; individual preference for a particular make or type of equipment is not sufficient justification); and (7) A statment giving reasons why the requirement cannot be foregone, the impact upon the military operation should the foreign end product not be purchased, and whether the purchase is for a one-time or recurring requirement. (d) When approval of the Secretary of the Army is obtained, the contracting officer shall use the Secretarial approval in lieu of the Foreign Source Procurement Determination in paragraph (b) of this section. [35 F.R. 4130, Mar. 3, 1970, as amended at 35 F.R. 8566, June 3, 1970; 36 F.R. 20682, Oct. 28, 1971; 37 FR 25926, Dec. 6, 1972] § 596.103-5 Canadian supplies. The Assistant Secretary of the Army (Installations and Logistics) has determined that the following supplies are of a military character or are involved in programs of mutual interest to the United States and Canada. (a) All items purchased under contracts for experimental, developmental and research work; and (b) The following listed supplies identified by Federal Classification Groups and Classes: Group 10; Weapons (all classes). Class 1135*: Fuzing and Firing Devices, Atomic Ordnance. Class 1190*; Specialized Test and Handling Equipment, Atomic Ordnance. Group 12; Fire Control Equipment (all classes). Group 13; Ammunition and Explosives (all classes). Class 1410; Gulded Missiles. Class 1420; Guided Missile Components. Class 1440; Launchers, Guided Missiles. Group 15; Aircraft and Airframe Structural Group 16: Aircraft Components and Accessories (all classes). Group 17; Aircraft Launching, Landing and Ground Handling Equipment (all classes). Class 1930; Barges and Lighters, Cargo. Class 1935; Barges and Lighters, Special Purpose. Class 1940; Small Craft. Class 1945; Pontoons and Floating Docks. Group 20; Ship and Marine Equipment (all classes). Group 22; Railway Equipment (all classes). Group 23; Motor Vehicles, Trallers, Cycles (all classes). Group 24; Tractors (all classes). Group 25; Vehicular Equipment Components (all classes). Group 26; Tire and Tubes (all classes). Group 28; Engines, Turbines and Components (all classes). *Subject to Atomic Energy Act restrictions. Group 29; Engine Accessories (all classes). Group 30; Mechanical Power Transmission Equipment (all classes). Group 31; Bearings (all classes). Group 34; Metal Working Machinery. Class 3615; Pulp and Paper Industries Machinery. Class 3625; Textile Industries Machinery. Class 3695; Miscellaneous Special Industry Machinery. Group 38; Construction, Mining, Excavating (all classes). Group 39; Materials Handling Equipment (all classes). Group 41; Refrigeration and Air Conditioning Equipment (all classes). Class 4210; Fire Fighting Equipment (all classes). Class 4240; Safety and Rescue Equipment. Group 43; Pumps and Compressors (all classes). Class 4410; Industrial Boilers. Class 4420; Heat Exchangers and Steam Condensers. Class 4470; Nuclear Reactors. Class 4520; Space Heating Equipment and Group 46; Water Purification and Sewage Group 48; Valves (all classes) Group 49: Maintenance and Repair Shop Equipment (all classes). Class 5220; Inspection Gages and Precision Layout Tools. Group 54; Prefabricated Structures and Scaffolding (all classes). Group 53; Hardware and Abrasives (all classes). Group 55; Lumber, Millwork, Plywood and Veneer (all classes). Group 56; Construction and Building Materials (all classes). Group 58; Communication Equipment (all classes). Group 59; Electrical and Electronic Equipment Components (all classes). Group 61; Electric Wire and Power Distribution Equipment (all classes). Class 6210; Indoor and Outdoor Electric Lighting Fixtures. Class 6220; Electric Vehicular Lights and Fixtures. Class 6340; Aircraft Alarms and Signal Systems. Group 66; Instruments and Laboratory Equipment (all classes). Class 6710; Cameras, Motion Picture. Class 6720; Cameras, Still Picture. Class 6730; Photographic Projection Equipment. Class 6770; Film, Processed. Group 68; Chemicals and Chemical Products (all classes). Group 69; Training Aids and Devices (all classes). Class 7440; Automatic Data Processing Systems: Industrial Scientific and Office Types. Class 7610; Books and Pamphlets. Class 8020; Paint and Artists Brushes. Class 8115; Boxes, Cartons and Crates. Class 9320; Rubber Fabricated Materials. Group 95; Metal Bars, Sheets and Shapes (all classes). End equipment parts (repair parts) for the above listed supplies are considered to be included in the above list, even though not separately listed, when they are procured under a contract that also calls for listed supplies. [30 F.R. 12192, Sept. 24, 1965] § 596.104-4 Evaluation of bids and pro posals. to (a) Proposed awards submitted for Secretarial decision pursuant $6.104-4 (b) or (d)(3) of this title shall be forwarded through the cognizant head of procuring activity for its recommendations to the addressee in § 591.150(b) (6) of this chapter. (b) When appropriate, contracting officers shall request bidders or offerors to extend dates of acceptance of bids or offers. (c) The determination as to whether domestic cost is unreasonably high is to be made by comparison of domestic and foreign offers received, rather than by comparison of listed domestic and foreign prices available prior to solicitation. [34 F.R. 9518, June 18, 1969, as amended at 36 F.R. 20682, Oct. 28, 1971] Subpart B-[Reserved] Subpart C-Appropriation Act Restrictions on Procurement of Foreign Supplies § 596.304-1 Procurement of food, clothing, woven silk and woven silk blends, spun silk yarn for cartridge cloth, or items containing mohair or cotton. If the contracting officer inds that the price for any domestic supply included in § 6.304-1 of this title is unreasonable, |