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Code · BILL · 115th Congress · S. 2196 (Introduced in Senate) — To amend chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act) and certain other... · Sec. 3

Sec. 3. Criteria required for use of overseas exception

205 words·~1 min read·/bill/115/s/2196/is/section-3

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Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection: The exception under subsection (a)(2)(A) for articles, materials, or supplies to be acquired for use outside the United States may not be used unless one of the following criteria is met: The articles, materials, or supplies are needed urgently for national security reasons. A cost analysis described in paragraph
(2)demonstrates that the articles, materials, or supplies to be acquired (if acquired from a firm manufacturing in the United States) would be more than 50 percent more expensive for the Federal agency acquiring the articles, materials, or supplies. In any case in which articles, materials, or supplies are to be acquired for use outside the United States and are not needed urgently for national security reasons, before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles, materials, or supplies from a firm manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost of acquiring the articles, materials, or supplies from a firm manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). .
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