FSH 6309.32 - FEDERAL ACQUISITION REGULATION WO SUPPLEMENT 6309.32-2000-1 EFFECTIVE 02/11/2000 FOREST SERVICE ACQUISITION REGULATION PART 4G25 - FOREIGN ACQUISITIONS TABLE OF CONTENTS Sec. 4G25.000 Scope of Part. 4G25.000-70 Decision Tables. PART 4G25 - FOREIGN ACQUISITIONS 4G25.000 Scope of Part. 4G25.000-70 Decision Tables. See Exhibit 25-1, Decision Tables A through D, for direction to assist contracting officers in making decisions related to the Buy American Act and Trade Agreements. A major assumption is that Forest Service acquisitions are performed in the United States, therefore, the Balance of Payments Program (FAR 25.3) does not apply. The decision tables are not substitutes for contracting officer's responsibilities for making an indepth review of the regulations when they may apply. _____________________________________________________________________ Exhibit 25-1 DECISION TABLES--BUY AMERICAN ACT & TRADE AGREEMENTS Table A--Federal Supply Schedules A.1  FSS contains only foreign A.2  FSS contains both foreign made items and domestic items. Presume GSA has adequately Add 6 percent to price of searched for domestic sources. foreign item offer if domestic Issue order that represents the item offer is a large business best value. or 12 percent if domestic item offeror is a small business before making the best value determination. Exceptions:  See Table D (Trade Agreements) Table B--Competitive Acquisitions: Domestic & Foreign Items Offered (Reasonableness of Price) B.1  Supplies B.2  Construction Add 6 percent to price of Add 6 percent to price of foreign item offer if domestic foreign materials in each offer item offer is a large business before making the award or 12 percent if domestic item determination. offeror is a small business before making the award determination. Exceptions: See Table D (Trade Agreements) unless acquisition is conducted under Part 19, B & SBD preference programs and then Trade Agreements do not apply. Trade Sanctions:  Do not acquire supplies or services from Cuba, Iran, Iraq (or entities controlled by Iraq), Libya, North Korea, or Sudan (FAR 25.7) Table C--Only Foreign Sources (Nonavailability) C.1  Excepted Articles, C.2  Competition Sought -- only Materials, and Supplies, that offers of foreign items is, not mined, produced, or received: manufactured in the United States: See FAR 25.108 Items not Document files Request HCA for listing of included in FAR and award if approval if excepted items. 25.108, submit competition was competition was requests solicited on a restricted or through HCA to full and open competition was the USDA SPE. competition not advertised basis and in the CBD. advertised in the CBD. If under $25,000 (no requirement to CBD) document efforts to find domestic sources. The larger the acquisition, the more effort required (note BAA does not apply to purchases under the micro-purchase threshold). Exceptions:   See Table D (Trade Agreements) Trade Sanctions:  Do not acquire supplies or services from Cuba, Iran, Iraq (or entities controlled by Iraq), Libya, North Korea, or Sudan (FAR 25.7). Table D - Trade Agreements (Exceptions to BAA) The Buy American Act is waived under Trade Agreements. Eligible offers as identified in the Trade Agreement receive equal consideration with domestic offers. D.1  Trade D.2  North American D.3  Other Trade Agreements Agreements Act Free Trade Agreement (NAFTA) Thresholds   Thresholds Thresholds FAR 25.402(a)(1) FAR (25.402(a)(3) Supplies & Construction Supply Applies to D.3a Agreement D.3b Caribbean D.3c Israeli Free services >$7,143,000 contracts Construction on Trade in Basin Economic Trade Agreement >$186,000 including >25,000 for contracts Civil Aircraft Recovery Act Supply contracts including all all options eligible >$6,909,500 No Dollar No Dollar > $50,000. (FAR opions Canadian end including Thresholds Thresholds 25.402(a)(2)) products; or all options (see FAR >$53,150 for 25.402(b)) eligible Mexican end products. Thresholds are inclusive of all options. Service contracts> Acquisition of See FAR 25.401 Israeli end products See FAR 25.401, $53,150 including all aircraft, parts and Definitions for are eligible. Definitions under options, except for related articles "Caribbean Israeli is also listed "Designated country" some excluded service from the following Basin country" as a "designated" for list of countries. (See FAR 45.402(g) countries: and "Caribbean country under the Trade Also see "Designated Austria, Basin country Agreements Act). country construction Products by lease, see Belgium, end product" material" and FAR 25.402(a)(4). Canada, "Designated country Denmark, end product" See FAR 25.401, Finland, definitions. Definitions for France, "Canadian" and Mexican Germany, end product." Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Norway, Portugal, Romania, Spain, Sweden, Switzerland, and the United Kingdom. EXCEPTION:  Acquisitions conducted under FAR Part 19, small business or small disadvantage business preference programs are exempt (FAR 25.403(b)).