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B-116193 1 (1978-04-25)

handle is hein.gao/gaobachlv0001 and id is 1 raw text is: 
                                    -7-

                  COMPTROLLER GENERAL OF THE UNITED STATES
                           VASHIN4GTON, D C   2*05


     B-116193                                       APR 2-5.



  *  The Honorable Jack-Brooks
     Chairman, Committee on
(      Government Operations
     House of Representatives

     Dear Mr. Chairman:

          This is in reply to your letter of February 16,
     1978, requesting our comments -on bill H.R. 10881, 95th
     Congress, 2d Session, to amend the Act of October 29,
     19492 .-lru                      tt    e    v   my

          As presently written, the Buy American Act, 41
     U•S•C• S 10a-d, and its implementing Executive Order

     a domestically produced item rather than a comparable
     foreign-produced item unless the price of the foreign-
     produced item, adjusted by a specified percentage, is
     less. H.R. 10881 would amend section 633 of title VI
     of the Act-of October 29, 1949, (41 U.S.C. S 10d) by
     adding, the cost of articles, materials, or supplies
     manufactured in the United States shall not be deemed
     unreasonable if such cost does not exceed by more than
     10 per centum the cost of like articles, materials,
     or supplies manufactured elsewhere.

          Currently, the Federal Procurement Regulations
     and the Armed Services Procurement Regulation provide
     evaluation procedures for determining if a domestic end
     product is unreasonable in cost or inconsistent with
     the public interest.   This determination is made by
     comparing the cost of a domestically produced item to
     an adjusted cost for a-foreign-produced item.   A for-
     eign bid is adjusted by adding a factor of 6 percent.
     of that bid inclusive of duty. If a domestically .nro-
     duced item is produced by a small business concern 6r'
     a labor surplus area concern, a factor of 12 percent
     is added to the foreign bid. The Armed Services Pro-
     curement Regulation provides, as an alternative to the
     6 and 12 percent adjustment factors, that each for-
     eign bid may also be evaluated by excluding any duty
     from the foreign bid and adding 50 percent of the
     remainder to the bid. The evaluation method resulting
     in the highest adjusted price for the foreign bid
     is then used.


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