25.104 Nonavailable articles
Source: FAR 25.104 on acquisition.gov
FAR 25.104 lists specific articles exempt from Buy American Act requirements due to their nonavailability in the U.S., streamlining procurement for these items.
Overview
FAR 25.104 provides a list of articles that have been determined to be nonavailable in the United States, meaning they are not produced or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality. This determination is made in accordance with FAR 25.103(b)(1)(i) and is relevant to the application of the Buy American Act. The section lists specific items, such as certain metals, agricultural products, printed materials, and specialty items, that are exempt from domestic sourcing requirements due to their nonavailability. The list is reviewed and published in the Federal Register at least every five years, and stakeholders can submit recommendations for deletions at any time with supporting data and rationale.
Key Rules
- Nonavailable Articles List
- The section enumerates specific articles considered nonavailable for domestic procurement, exempting them from Buy American Act requirements.
- Periodic Review and Public Comment
- The list is published for public comment at least every five years, and recommendations for changes can be submitted at any time.
Responsibilities
- Contracting Officers: Must reference this list when determining Buy American Act applicability and document exceptions for listed items.
- Contractors: Should be aware that listed items are exempt from domestic sourcing requirements and ensure compliance with any updates to the list.
- Agencies: Responsible for reviewing and updating the list, and for considering public recommendations for deletions.
Practical Implications
- This section clarifies which items are exempt from Buy American Act sourcing requirements, reducing compliance burdens for contractors procuring these articles.
- Contractors should regularly check for updates to the list and be prepared to provide justification if seeking to add or remove items.
- Common pitfalls include failing to recognize exemptions or not staying current with list updates, potentially leading to unnecessary sourcing restrictions or compliance issues.
(a) The following articles have been determined to be nonavailable in accordance with 25.103(b)(1)(i):
(1) Antimony, as metal or oxide.
(2) Bamboo shoots.
(3) Bananas.
(4) Bismuth.
(5) 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.
(6) Brazil nuts, unroasted.
(7) Capers.
(8) Cashew nuts.
(9) Chestnuts.
(10) Chrome ore or chromite.
(11) Cocoa beans.
(12) Coconut and coconut meat, unsweetened, in shredded, desiccated, or similarly prepared form.
(13) Coffee, raw or green bean.
(14) Cork, wood or bark and waste.
(15) Cover glass, microscope slide.
(16) Fair linen, altar.
(17) Fibers of the following types: abaca, abace, agave, coir, flax, jute, jute burlaps, palmyra, and sisal.
(18) Grapefruit sections, canned.
(19) Hemp yarn.
(20) Hog bristles for brushes.
(21) Hyoscine, bulk.
(22) Modacrylic fiber.
(23) Nitroguanidine (also known as picrite).
(24) Oranges, mandarin, canned.
(25) Pineapple, canned.
(26) Quartz crystals.
(27) Rubber, crude and latex (natural).
(28) Rutile.
(29) Silk, raw and unmanufactured.
(30) Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available.
(31) Spices and herbs, in bulk.
(32) Swords and scabbards.
(33) Tapioca flour and cassava.
(34) Tartar, crude; tartaric acid and cream of tartar in bulk.
(35) Tea in bulk.
(36) Tin in bars, blocks, and pigs.
(37) Vanilla beans.
(38) Venom, cobra.
(39) Water chestnuts.
(b) This list will be published in the Federal Register for public comment no less frequently than once every five years. Unsolicited recommendations for deletions from this list may be submitted at any time and should provide sufficient data and rationale to permit evaluation (see 1.502).