more than a month after the Committee on Appropriations reported the pending fiscal year 1997 VA-HUD appropriations bill, the Department of Commerce announced that it would undertake an investigation of the alleged below-market bid made by a Japanese vendor in a pending supercomputer procurement of the National Center for Atmospheric Research [NCAR]. This investigation is in accordance with the anti-dumping procedures specified in law. Subsequent to this announcement, on August 20, the National Science Foundation, which provides the bulk of Federal operating support for NCAR requested that the pending procurement be put on hold and await the resolution of the dumping issue. I have been asked if these actions negate or otherwise change the Committee's position with respect to the deletion of section 421 of the House-passed bill. That provision was intended to block the NCAR procurement by prohibiting the use of funds to pay the salaries of personnel who approve a contract for a supercomputer which is found to be in violation of the anti-dumping provisions of law. The answer is no. The House provision inappropriately attempted to impose a penalty for alleged dumping, separate and apart from that provided for in law. Current law specifies a clearly defined process for the Department of Commerce to investigate and determine if unfair prices are being offered by a foreign vendor.
Editor's note · Context
Discussing the implications of a Department of Commerce investigation on a supercomputer procurement.
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