Department of the Interior Acquisition Policy Release (DIAPR) 2004-02

SUBJECT: Annual Buy American Act Reporting

1. Purpose:

This policy release implements an annual Buy American Act (41 U .S.C. l0a et seq.) information collection and reporting requirement as included in the Fiscal Year (FY) 2004 Department of the Interior and Energy and Water Development Appropriations Acts.

2. Effective Date:

This policy is effective upon issuance.

3. Expiration Date:

This policy will remain in effect until canceled or superseded.

4. Background and Explanation:

Prior to passage, both the Department of the Interior and Related Agencies Appropriations Act, 2004 (H.R. 2691, later, Public Law 108-108, dated November 10, 2003, 117 Stat. 1241) and the Energy and Water Development Appropriations Act, 2004 (H.R. 2754) (applicable to the Bureau of Reclamation) were amended to include an annual reporting requirement related to the Buy American Act (41 U.S.C. l0a et seq). The Appropriations Acts require the Department of the Interior, "not later than 60 days after the last day of the fiscal year, to submit to Congress a report on the amount of acquisitions made by the Department of the Interior during such fiscal year of articles, materials, or supplies that were manufactured outside the United States. The reports shall:

a. Separately indicate the dollar value of any articles, materials, or supplies purchased by the Department of the Interior that were manufactured outside the United States;

b. An itemized list of all waivers under the Buy American Act that were granted with respect to such articles, materials, or supplies; and

c. A summary of total procurement funds spent on goods manufactured in the United States versus funds spent on goods manufactured outside of the United States.

In addition to submitting the annual Buy American Act report to Congress, the Department of the Interior is required to make the report publicly available by posting it on an Internet website.

5. Action Required:

Beginning in 2004, and not later than October 31st of each year, Heads of Bureau/Office Contracting Activities shall provide the Director, Office of Acquisition and Property Management with:

a. Copies of all Buy American Act waivers that were granted within the bureau/office during the previous fiscal year for articles, materials, or supplies acquired by the bureau/office that were manufactured outside the United States; or

b. An itemized listing of all Buy American Act waivers that were granted within the bureau/office during the previous fiscal year for articles, materials, or supplies acquired by the bureau/office that were manufactured outside the United States to include the following information (see attached reporting format):

(1) Bureau/office name;

(2) Contracting office;

(3) Complete itemized description of articles, materials, or supplies acquired and for which a Buy American Act waiver was granted;

(4) Corresponding per item dollar value of articles, materials, or supplies acquired;

(5) Country of origin (itemized);

(6) Place of manufacture (itemized);

(7) Summarized justification under which Buy American Act waiver was sought/granted; and

(8) Name and telephone number of authorizing official; or

c. As appropriate, a negative report indicating that the bureau/office contracting activity issued no Buy American Act waivers in the previous fiscal year.

For the FY 2004 Department of the Interior report, data in response to the requirements at 4.a. and 4.c. above, will be gathered through FPDS-NG. Bureau Procurement Chiefs will remind their FPDS-NG users of the importance of reporting data accuracy and timeliness, not only for this particular reporting requirement but in recording all applicable transactions. If FY 2004 FPDS-NG data is found to be insufficient in responding to the Buy American Act reporting requirement, alternative data collection processes will be developed and implemented.

If you have any questions regarding this policy release, please contact Patricia Corrigan, Office of Acquisition and Property Management at 202-208-1906.

Attachment

Debra E. Sonderman, Director Office of Acquisition and Property Management