SECTION 3 BUY AMERICAN CLAUSE
FAA-3.01 Notice to Bidders
A. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the AIP. The Contractor shall agree that only domestic steel and manufactured products will be delivered and used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this Contract, as defined by the following terms:
1. Steel and Manufactured Products. As used in this Clause, steel and manufactured products included:
a. steel produced in the United States, or
b. a manufactured product produced in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds sixty percent (60%) of the cost of all its components and final assembly has taken place in the United States.
c. components of foreign origin of the same class of kind as the products referred to in subparagraphs 1.a. or 1.b. shall be treated as domestic.
2. Components. As used in this Clause, components means those articles, materials, and suppliers incorporated directly into steel and manufactured products.
3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs.
B. The successful bidder will be required to assure that only domestic steel and manufactured products will be delivered and used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this Contract, except those:
1. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;
2. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or
3. that inclusion of domestic material will increase the cost of the overall project contract by more than twenty-five (25) percent.
FAA-3.02 List of Supplies/Materials
A. List of Supplies/Materials that the U.S. Government has determined are not produced in the United States in sufficient and reasonably available quantities and of sufficient quality (as of January 1991):
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Supplies/Materials |
Supplies/Materials |
Supplies/Materials |
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Acetylene, black Agar, bulk Anise Antimony, as metal or oxide Asbestos, amosite, chrysolite and crocridolite Bananas Bauxite Beef, corned, canned Beef extract Bephemium Hydroxynapthoatey Bismuth Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestic editions are not available Brazil nuts, unroasted Cadmium, ores and flue dust Calcium cyanamide Capers Cashew nuts Castor beans or castor oil Chalk, English Chestnuts Chicle Chrome ore or chromite Cinchona bark Cobalt, in cathodes, rondelles, or other primary ore and metal forms Cocoa beans
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Coconut and coconut meat, unsweetened, in shredded, desiccated or similarly prepared form Coffee, raw or green bean Colchicines alkaloid, raw Copra Cork, wood or bark and waste Cover glass, microscope slide Cryolite, natural Dammar gum Diamonds, industrial, stones, and abrasives Emetine, bulk Erthrityl tetranitrate Ergot, crude Fibers of the following types: abaca, abace, agave, coir, flex, jute, jute burlaps, palmyra and sisal Fair linen, altar Goat and kidskins Graphite, natural, crystalline, crucible grade Handsewing needles Hyoscine, bulk Hog bristles for brushes Hemp, yarn Iodine, crude Ipecac, root Kasurigum Leather, sheepskin, hair type Lac Lavender oil
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Manganese Menthol, natural bulk Mica, brought onto construction site as separate units for incorporation into building systems during construction or repair and alteration of a real property Microprocessor chips Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts Nux vomica, crude Nitrguanidine (also known as pricrite) Olives (green, pitted or unpitted, Olive oil Oiticica oil Oranges, mandarin, canned or stuffed, in bulk Opium, crude Petroleum, crude oil, unfinished oils, and finished products (see definitions below) Pine needle oil Platinum and related group metals, refined, as sponge, powder, ingots or cast bars Pyrethrum flowers Quartz crystals Quebracho Quinidine Quinine
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Supplies/Materials |
Supplies/Materials |
Supplies/Materials |
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Rabbit fur felt Radium salts, source and special nuclear materials Rosettes Rubber, crude and latex Rustile Santonin, crude Secretin Shellac Silk, raw and unmanufactured Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available
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Spices and herbs, in bulk Sugars, raw Swords and scabbards Talc, block, steatite Tantalum Tapioca flour and cassava Tartar, cured; tartaric acid and cream of tartar in bulk Tea in bulk Thread, metallic (gold) Thyme oil Tin in bars, blocks, and pigs Tripolidine hydrochloride Tungsten Vanilla beans Venom, cobra |
Wax cabayba Woods; logs, veneer and lumber of the following species: Alaskan yellow cedar, Angelique, balsa, ekki, greenheart, lignum vitae, mahogany, and teak Yarn, 50 Denier rayon |
B. Petroleum terms are used as follows:
Crude Oil means crude petroleum, as it is produced at the wellhead and liquids (under atmospheric conditions) that have been recovered from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and that are not natural gas products.
Finished Products means any one or more of the following petroleum oils, or a mixture or combination of these oils, to be used without further processing except blending by mechanical means.
Asphalt a solid or semi-solid cementious material that (1) gradually liquefies when heated, (2) has bitumens as its predominating constituents and (3) is obtained in refining crude oil.
Fuel Oil a liquid or liquefiable petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil, or residues.
Gasoline a refined petroleum distillate that, by its consumption, is suitable for use as a carburant in internal combustion engines.
Jet Fuel a refined petroleum distillate used to fuel jet propulsion engines.
Liquefied Gases hydrocarbon gases recovered from natural gas or produced from petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures.
Lubricating Oil a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces.
Naphtha a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes.
Natural Gas Products liquids (Under atmospheric conditions) including natural gasoline, that
1. are recovered by a process of absorption, adsorption, compression, refrigeration, cycling, or a combination of these processes, from mixtures or hydrocarbons that existed in a vaporous phase in a reservoir, and
2. when recovered and without processing in a refinery, definitions of products contained in above for Finished Products, Asphalt, and Liquefied Gases.
Residual Fuel Oil a topped crude oil or viscous residuum that, as obtained in refining or after blending with other fuel oil, meets or is the equivalent of MILSPEC Mil-F-859 for Navy Special Fuel Oil and any more viscous fuel oil, such as No. 5 or Bunker C.
Unfinished Oils means one or more of the petroleum oils listed under “Finished products” above, or a mixture of combination of these oils, that are to be further processed other than by blending by mechanical means.
FAA-3.03 Buy American Certification
The Contractor is directed to Standard Provisions, Part V, Section 4, Sample Forms for Federal-Aid Contracts, FAA-4.03, for a sample of executable form for Buy American Certification.