SUBPART 225.11--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

(Revised September 15, 2008)

 

 

 225.1100 Scope of subpart.
 225.1101 Acquisition of supplies.
 225.1103 Other provisions and clauses.


225.1100  Scope of subpart.

This subpart prescribes the clauses that implement Subparts 225.1 through 225.10.  The clauses that implement Subparts 225.70 through 225.75 are prescribed within those subparts.

 

225.1101  Acquisition of supplies.

 

      (1)  Use the provision at 252.225-7000, Buy American Act--Balance of Payments Program Certificate, instead of the provision at FAR 52.225-2, Buy American Act Certificate.  Use the provision in any solicitation that includes the clause at 252.225-7001, Buy American Act and Balance of Payments Program.

 

      (2)  Use the clause at 252.225-7001, Buy American Act and Balance of Payments Program, instead of the clause at FAR 52.225-1, Buy American Act--Supplies, in solicitations and contracts unless--

 

              (i)  All line items will be acquired from a particular source or sources under the authority of FAR 6.302-3;

 

              (ii)  All line items must be domestic or qualifying country end products in accordance with Subpart 225.70.  (However, the clause may still be required if Subpart 225.70 requires manufacture of the end product in the United States or in the United States or Canada, without a corresponding requirement for use of domestic components);

 

              (iii)  An exception to the Buy American Act or Balance of Payments Program applies (see FAR 25.103, 225.103, and 225.7501);

 

              (iv)  One or both of the following clauses will apply to all line items in the contract:

 

                    (A)  252.225-7021, Trade Agreements.

 

                    (B)  252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program; or

 

              (v)  All line items will be acquired using a procedure specified in 225.7703-1(a).

 

      (3)  Use the clause at 252.225-7002, Qualifying Country Sources as Subcontractors, in solicitations and contracts that include one of the following clauses:

 

              (i)  252.225-7001, Buy American Act and Balance of Payments Program.

 

              (ii)  252.225-7021, Trade Agreements.

 

              (iii)  252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program.

 

      (4)  Use the clause at 252.225-7013, Duty-Free Entry, instead of the clause at FAR 52.225-8.  Do not use the clause for acquisitions of supplies that will not enter the customs territory of the United States.

 

      (5)  Except as provided in paragraph (7) of this section, use the provision at 252.225-7020, Trade Agreements Certificate, instead of the provision at FAR 52.225-6, Trade Agreements Certificate, in solicitations that include the clause at 252.225-7021, Trade Agreements.

 

      (6)(i)  Use the clause at 252.225-7021, Trade Agreements, instead of the clause at FAR 52.225-5, Trade Agreements, if the Trade Agreements Act applies.

 

              (ii)  Use the clause with its Alternate I in solicitations and contracts that include the clause at 252.225-7024, Requirement for Products or Services from Iraq or Afghanistan, unless the clause at 252.225-7024 has been modified to provide a preference only for the products of Afghanistan.

 

              (iii)  Do not use the clause if—

 

                    (A)  Purchase from foreign sources is restricted, unless the contracting officer anticipates a waiver of the restriction; or

 

                     (B)  The clause at 252.225-7026, Acquisition Restricted to Products or Services from Iraq or Afghanistan, is included in the solicitation and contract.

 

              (iv)  The acquisition of eligible and noneligible products under the same contract may result in the application of trade agreements to only some of the items acquired.  In such case, indicate in the Schedule those items covered by the Trade Agreements clause.

 

      (7)  Use the provision at 252.225-7022, Trade Agreements Certificate – Inclusion of Iraqi End Products, instead of the provision at FAR 52.225-6, Trade Agreements Certificate, in solicitations that include the clause at 252.225-7021, Trade Agreements, with its Alternate I.

 

      (8)  Use the provision at 252.225-7032, Waiver of United Kingdom Levies—Evaluation of Offers, in solicitations if a U.K. firm is expected to--

 

              (i)  Submit an offer; or

 

              (ii)  Receive a subcontract exceeding $1 million.

 

      (9)  Use the clause at 252.225-7033, Waiver of United Kingdom Levies, in solicitations and contracts if a U.K. firm is expected to--

 

              (i)  Submit an offer; or

 

              (ii)  Receive a subcontract exceeding $1 million.

 

      (10)  Use the provision at 252.225-7035, Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate, instead of the provision at FAR 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, in solicitations that include the clause at 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program.  Use the provision with its Alternate I when the clause at 252.225-7036 is used with its Alternate I.

 

      (11)(i)  Except as provided in paragraph (10)(ii) of this section, use the clause at 252.225-7036, Buy American Act--Free Trade Agreements-- Balance of Payments Program, instead of the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, in solicitations and contracts for the items listed at 225.401-70, when the estimated value equals or exceeds $25,000, but is less than $194,000, and a Free Trade Agreement applies to the acquisition.

 

                    (A)  Use the basic clause when the estimated value equals or exceeds $67,826.

 

                    (B)  Use the clause with its Alternate I when the estimated value equals or exceeds $25,000 but is less than $67,826.

 

              (ii)  Do not use the clause if—

 

                    (A)  Purchase from foreign sources is restricted (see 225.401(a)(2)), unless the contracting officer anticipates a waiver of the restriction;

 

                    (B)  Acquiring information technology that is a commercial item, using fiscal year 2004 or subsequent funds (Section 535 of Division F of the Consolidated Appropriations Act, 2004 (Pub. L. 108-199), and the same provision in subsequent appropriations acts); or

 

                    (C)  Using a procedure specified in 225.7703-1(a).

 

              (iii)  The acquisition of eligible and noneligible products under the same contract may result in the application of a Free Trade Agreement to only some of the items acquired.  In such case, indicate in the Schedule those items covered by the Buy American Act--Free Trade Agreements--Balance of Payments Program clause.

 

225.1103  Other provisions and clauses.

 

      (1)  Unless the contracting officer knows that the prospective contractor is not a domestic concern, use the clause at 252.225-7005, Identification of Expenditures in the United States, in solicitations and contracts that--

 

              (i)  Exceed the simplified acquisition threshold; and

 

              (ii)  Are for the acquisition of--

 

                    (A)  Supplies for use outside the United States;

 

                    (B)  Construction to be performed outside the United States; or

 

                    (C)  Services to be performed primarily outside the United States.

 

      (2)  Use the clause at 252.225-7041, Correspondence in English, in solicitations and contracts when contract performance will be wholly or in part in a foreign country.

 

      (3)  Use the provision at 252.225-7042, Authorization to Perform, in solicitations when contract performance will be wholly or in part in a foreign country.

 

      (4)  Unless an exception in 225.770-3 applies, use the clause at 252.225-7007, Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies, in solicitations and contracts involving the delivery of items covered by the United States Munitions List.