§8302. American materials required for public use — Inbound Citations

Citations to 41 U.S.C. § 8302 as a whole

• 10 U.S.C. § 2457(e)

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  (e) If the Secretary decides that procurement of equipment manufactured outside the United States is necessary to carry out the policy of subsection (a), the Secretary may determine under section 8302 of title 41 that acquiring that equipment manufactured in the United States is inconsistent with the public interest.
• 10 U.S.C. § 4861(a)

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  (a) In determining under section 8302 of title 41 whether application of chapter 83 of such title is inconsistent with the public interest, the Secretary of Defense shall consider the following:

  (1) The bids or proposals of small business firms in the United States which have offered to furnish American goods.

  (2) The bids or proposals of all other firms in the United States which have offered to furnish American goods.

  (3) The United States balance of payments.

  (4) The cost of shipping goods which are other than American goods.

  (5) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods.

  (6) A need to ensure that the Department of Defense has access to advanced, state-of-the-art commercial technology.

  (7) The need to protect the national technology and industrial base, to preserve and enhance the national technology employment base, and to provide for a defense mobilization base.

  (8) A need to ensure that application of different rules of origin for United States end items and foreign end items does not result in an award to a firm other than a firm providing a product produced in the United States.

  (9) Any need—

  (A) to maintain the same source of supply for spare and replacement parts for an end item that qualifies as an American good; or

  (B) to maintain the same source of supply for spare and replacement parts in order not to impair integration of the military and commercial industrial base.

  (10) The national security interests of the United States.
• 33 U.S.C. § 2325b(c)

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  (c) The Secretary may only reimburse for the use of materials or services accepted under this section if such materials or services meet the Secretary’s specifications and comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary, including sections 3141 through 3148 and 3701 through 3708 of title 40, section 8302 of title 41, and the National Environmental Policy Act of 1969.