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B-196704 1 (1980-08-11)

handle is hein.gao/gaobabjvg0001 and id is 1 raw text is: 






         GAO
         United States General Accounting Office         Office of
         Washington, DC 20548                               General Counsel
                                                            In Reply
                                                            Referto:  B-196704

                                         AU  

         C. G. Caras
         General Counsel
         Maritime Administration
         U.S. Department of Commerce
         Washington, D.C. 20230

         Dear Mr. Caras:

               Subject: .Applicability of Cargo Preference Act
                         of 1954 to Subcontractors on Federal
                         Contrac~s?

               By letter of November 1, 1979, you request that we concur
         in your opinion that 5 901(b) (1) of the Merchant Marine Act,
         1936, as amended, 46 U.S.C. §. 1241(b)(1) (1976) (Cargo Prefer-
         ence Act), applies to shipments of equipment, materials and
         commodities by subcontractors and suppliers in the fulfillment,
         directly or through an intermediate tier, of the ultimate re-
         quirements of Federal Government procurement contracts for con-
         struction and supplies.

              The Cargo Preference Act states in pertinent part that:

              (1) Whenever the United States shall procure,
              contract for, or otherwise obtain for its own
              account . .    any eQuipment, materials, or com-
              modities, within or without the United States
              . . . the appropriate agency or agencies shall
              take such steps as may be necessary and prac-
              ticable to assure that at least 50 per centum
Is             of the gross tonnage of such equipment, materials,
               or commodities   . ., which may be transported on
               ocean vessels shall be transported on privately
               owned United States-flag commercial vessels
               * * *. [emphasis added]

               In your submission, you state your belief that the statute's
          language is general and not limited to the finally a'sembled
          product. You assert that any manufactured product procured,
          contracted for or otherwise obtained incorporates items supplied



          I9

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