Class determinations Sample Clauses

Class determinations. (i) A non- availability determination has been made for the articles listed in 25.104. This determination does not nec- essarily mean that there is no domestic source for the listed items, but that do- mestic sources can only meet 50 per- cent or less of total U.S. Government and nongovernment demand. (ii) Before acquisition of an article on the list, the procuring agency is re- sponsible to conduct market research appropriate to the circumstances, in- cluding seeking of domestic sources. This applies to acquisition of an article as— (A) An end product; or (B) A significant component (valued at more than 50 percent of the value of all the components). (iii) The determination in paragraph (b)(1)(i) of this section does not apply if the contracting officer learns at any time before the time designated for re- ceipt of bids in sealed bidding or final offers in negotiation that an article on the list is available domestically in sufficient and reasonably available commercial quantities of a satisfactory quality to meet the requirements of the solicitation. The contracting offi- cer must— (A) Ensure that the appropriate Buy American Act provision and clause are included in the solicitation (see 25.1101(a), 25.1101(b), or 25.1102); (B) Specify in the solicitation that the article is available domestically and that offerors and contractors may not treat foreign components of the same class or kind as domestic compo- nents; and (C) Submit a copy of supporting doc- umentation to the appropriate council identified in 1.201–1, in accordance with agency procedures, for possible re- moval of the article from the list.