12.730—Buy American Act—Supplies.
As prescribed in § 12.725, insert the following clause:
(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;
(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 § 12.715).