I don't quite read this the same way you do - or NCURA, either.  There's are
big weasle words in the Buy American Act and their implementing policies.
Those words are "Should", and "general preference".  You need to show you've
made the effort to locate US produced products.  Same deal with American
Flag carriers.  If the cost is prohibitive for US made, or if the features
of the foreign items are significantly greater than the US-made but only
slightly more expensive, you could make the argument.

Having said that, documentation is the key to the decision and ultimate
allowability of the item.  You have to show the results of your search and
an analysis of the costs/benefits of the item you're purchasing.  In any
event, I've rarely seen this questioned by auditors.  In a global economy,
it's difficult to find anything that's substantially made in any one place,
let alone the US.

One place where this really becomes an issue is for foreign subs, or foreign
off campus sites.

Greg Schmidt

----- Original Message -----
From: "Jacob Inman" <xxxxxx@RAMSCOMPANY.COM>
To: <xxxxxx@HRINET.ORG>
Sent: Thursday, September 16, 2004 10:52 AM
Subject: Re: [RESADM-L] Buy american act

> From: http://www.research.temple.edu/spa/spaguide10.html
>
> - Buy American Act
> The federal government requires the University to certify that in the
> purchase of equipment, supplies, and services supported by a federal
> contract, it, or it's sub-contractors, will acquire the above within the
> United States. The Purchasing Department is responsible for compliance
> with this clause in federal contracts.
>
>
>
> The NCURA 'Fundamentals of Sponsored Project Administration' seminar had
> a PowerPoint slide on it which reads:
>
> -----------------
> Buy American Act
>
> Applicability:
> *All contracts for acquisition of supplies or services furnishing
> supplies.
>
> *Flow-down requirements
>
> *Each end product must be considered to have been substantially mined,
> produced, or manufactured in the US.
>
> Key to Compliance:
> *Buy American-made products or get appropriate waivers.
>
> *Compliance generally handled by institution's purchasing office;
> research administration office makes certification at time of proposal
> or award.
> ----------------
>
>
> Also, in searching for more information I came across this:
>
> ---
> 3. Federal Guidance
>
> a. Buy American Act
>
> Consistent with the Buy American Act, 41 U.S.C. 10a-c and Public Law
> 105-277, grantees and subrecipients who purchase equipment and products
> with grant funds should purchase only American-made equipment and
> products.
> ---
>
> source: http://www.neh.gov/manage/ggps.html
>
>
> And this:
> ----
> Benefit/Value: The government has adopted a variety of policies favoring
> domestic sources. The Buy American Act establishes a general preference
> for domestic articles, materials and supplies. The act is designed to
> protect the American worker by saving and creating jobs. Congress
> recognized strict application might restrict a procuring agency's
> ability to meet its needs and established a number of exceptions. These
> exceptions are for use outside the United States; for which the cost
> would be unreasonable; for which the agency head determines domestic
> preference would be inconsistent with public interest; that are not
> mined, produced, or manufactured in the United States in sufficient and
> reasonably available commercial quantities, of a satisfactory quality;
> or for which specific trade agreements exist.
> ----
>
> source: http://acc.dau.mil/simplify/ev.php?ID=6499_201&ID2=DO_TOPIC
>
>
> Also see: http://www.fta.dot.gov/library/legal/buyamer/buyafaq.html
>
> Hope that helps?
>
> Regards,
>
> -Jacob
>
> -----Original Message-----
> From: Stephen Williams [mailto:xxxxxx@WFU.EDU]
> Sent: Thursday, September 16, 2004 10:00 AM
> To: xxxxxx@HRINET.ORG
> Subject: [RESADM-L] Buy american act
>
> Hi,
>
> Can any one point me in the right direction to find out how the Buy
> American Act applies to grants?
>
> Stephen
>
>
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