(Revised
252.225-7000 Buy American Act--Balance of Payments Program
Certificate.
252.225-7001 Buy American Act and Balance of Payments
Program.
252.225-7002 Qualifying Country Sources as Subcontractors.
252.225-7003 Report of Intended Performance Outside the
252.225-7004 Reporting of Contract Performance Outside the
252.225-7005 Identification of Expenditures in the
252.225-7006 Reserved.
252.225-7007 Reserved.
252.225-7008 Reserved.
252.225-7009 Reserved.
252.225-7010 Reserved.
252.225-7011 Restriction on Acquisition of Supercomputers.
252.225-7012 Preference for Certain Domestic Commodities.
252.225-7013 Duty-Free Entry.
252.225-7014 Preference for Domestic Specialty Metals.
252.225-7015 Restriction on Acquisition of Hand or
Measuring Tools.
252.225-7016 Restriction on Acquisition of Ball and Roller
Bearings.
252.225-7017 Reserved.
252.225-7018 Notice of Prohibition of Certain Contracts
with Foreign Entities for the Conduct of Ballistic Missile Defense Research, Development,
Test, and Evaluation.
252.225-7019 Restriction on Acquisition of Anchor and
Mooring Chain.
252.225-7020 Trade Agreements Certificate.
252.225-7021 Trade Agreements.
252.225-7022 Restriction on Acquisition of
Polyacrylonitrile (PAN) Carbon Fiber.
252.225-7023 Restriction on Acquisition of Vessel
Propellers.
252.225-7024 Reserved.
252.225-7025 Restriction on Acquisition of Forgings.
252.225-7026 Reserved.
252.225-7027 Restriction on Contingent Fees for Foreign
Military Sales.
252.225-7028 Exclusionary Policies and Practices of
Foreign Governments.
252.225-7029 Reserved.
252.225-7030 Restriction on Acquisition of Carbon, Alloy,
and Armor Steel Plate.
252.225-7031 Secondary Arab Boycott of
252.225-7032 Waiver of
252.225- Waiver
252.225-7034 Reserved.
252.225-7035 Buy American Act--Free Trade Agreements--Balance
of Payments Program Certificate.
252.225-7036 Buy American Act--Free Trade Agreements--Balance
of Payments Program.
252.225-7037 Evaluation of Offers for Air Circuit
Breakers.
252.225-7038 Restriction on Acquisition of Air Circuit
Breakers.
252.225-7039 Restriction on Acquisition of Totally
Enclosed Lifeboat Survival Systems.
252.225-7040 Reserved.
252.225-7041 Correspondence in English.
252.225-7042 Authorization to Perform.
252.225-7043 Antiterrorism/Force Protection for Defense
Contractors Outside the
252.225- Balance
252.225- Balance
252.225-7000 Buy American Act--Balance of Payments Program
Certificate.
As prescribed in 225.1101(1), use the following provision:
BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM
CERTIFICATE
(APR 2003)
(a) Definitions. “Domestic end product,” “foreign end product,” “qualifying country,” and “qualifying country end product” have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation.
(b) Evaluation. The Government—
(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will evaluate offers of qualifying country
end products without regard to the restrictions of the Buy American Act or the
Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that—
(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and
(ii) Components of unknown origin are considered
to have been mined, produced, or manufactured outside the
(2) The offeror certifies that the following end products are qualifying country end products:
Line Item Number |
|
Country of Origin |
|
|
|
|
|
|
|
|
|
(3) The following end products are other foreign end products:
Line Item Number |
|
Country of Origin (If known) |
|
|
|
|
|
|
|
|
|
(End of provision)
252.225-7001 Buy American Act and Balance of Payments
Program.
As prescribed in 225.1101(2), use the following clause:
BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (APR 2003)
(a) Definitions. As used in this clause¾
(1) “Component” means an article, material, or supply incorporated directly into an end product.
(2) “Domestic end product” means—
(i) An unmanufactured end product that has been
mined or produced in the
(ii) An end product manufactured in the United
States if the cost of its qualifying country components and its components that
are mined, produced, or manufactured in the United States exceeds 50 percent of
the cost of all its components. The cost
of components includes transportation costs to the place of incorporation into
the end product and
(A) Sufficient and reasonably available
commercial quantities of a satisfactory quality are not mined, produced, or
manufactured in the
(B) It is inconsistent with the public interest to apply the restrictions of the Buy American Act.
(3) “End product” means those articles, materials, and supplies to be acquired under this contract for public use.
(4) “Foreign end product” means an end product other than a domestic end product.
(5) “Qualifying country” means any country set forth in subsection 225.872-1 of the Defense Federal Acquisition Regulation Supplement (DFARS).
(6) “Qualifying country component” means a component mined, produced, or manufactured in a qualifying country.
(7) “Qualifying country end product” means—
(i) An unmanufactured end product mined or produced in a qualifying country; or
(ii) An end product manufactured in a qualifying country if the cost of the following types of components exceeds 50 percent of the cost of all its components:
(A) Components mined, produced, or manufactured in a qualifying country.
(B) Components mined, produced, or manufactured
in the
(C) Components of foreign origin of a class or
kind for which the Government has determined that sufficient and reasonably
available commercial quantities of a satisfactory quality are not mined,
produced, or manufactured in the
(b) This clause implements the Buy American Act (41 U.S.C. Section 10a-d). Unless otherwise specified, this clause applies to all line items in the contract.
(c) The Contractor shall deliver only domestic end products unless, in its offer, it specified delivery of other end products in the Buy American Act¾Balance of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that it will deliver a qualifying country end product, the Contractor shall deliver a qualifying country end product or, at the Contractor’s option, a domestic end product.
(d) The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry.
(End of clause)
252.225-7002 Qualifying Country Sources as Subcontractors.
As prescribed in 225.1101(3), use the following clause:
QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003)
(a)
Definition. “Qualifying country,” as used in this clause,
means any country set forth in subsection 225.872-1 of the Defense Federal
Acquisition Regulation (FAR) Supplement.
(b)
Subject to the restrictions in section 225.872 of the Defense FAR
Supplement, the Contractor shall not preclude qualifying country sources or
(End of clause)
252.225-7003 Report of Intended Performance Outside the
As prescribed in 225.7203(a), use the following
provision:
REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES
(APR 2003)
(a) The offeror shall
submit a Report of Contract Performance Outside the United States, with its
offer, if—
(1) The offer exceeds $10 million in value; and
(2) The offeror is
aware that the offeror or a first-tier subcontractor
intends to perform any part of the contract outside the
(i) Exceeds $500,000
in value; and
(ii) Could be performed inside the
(b) Information to be reported includes that for—
(1) Subcontracts;
(2) Purchases; and
(3) Intracompany
transfers when transfers originate in a foreign location.
(c) The offeror shall
submit the report using—
(1) DD Form 2139, Report of Contract Performance
Outside the
(2) A computer-generated report that contains all
information required by DD Form 2139.
(d) The offeror may
obtain a copy of DD Form 2139 from the Contracting Officer.
(End of provision)
252.225-7004 Reporting of Contract Performance Outside the
As prescribed in 225.7203(b), use the following
clause:
REPORTING OF CONTRACT
PERFORMANCE OUTSIDE THE UNITED STATES (APR
2003)
(a) Reporting
criteria. Reporting under this
clause is required for—
(1) Contracts exceeding $10 million in value,
when any part that exceeds $500,000 in value could be performed inside the
United States or Canada, but will be performed outside the United States and
Canada. If the Contractor submitted the
information with its offer, the Contractor need not resubmit the information
unless it changes; and
(2)
Contracts exceeding $500,000 in value,
when any part that exceeds the simplified acquisition threshold in Part 2 of
the Federal Acquisition Regulation will be performed outside the United States,
unless—
(i) A foreign place
of performance is the principal place of performance; and
(ii) The Contractor indicated the foreign place of
performance in the Place of Performance provision of its offer.
(b) Information
required. Information to be reported
includes that for—
(1) Subcontracts;
(2) Purchases; and
(3) Intracompany
transfers when transfers originate in a foreign location.
(c) Submission
of reports. The Contractor—
(1) Shall submit reports required by paragraph
(a)(1) of this clause to the Contracting Officer as soon as the information is
known, with a copy to the addressee in paragraph (c)(2) of this clause. To the maximum extent practicable, the
Contractor shall report information regarding a first-tier subcontractor at
least 30 days before award of the subcontract;
(2) Shall submit reports required by paragraph
(a)(2) of this clause within 10 days after the end of each Government quarter
to—
Deputy Director of Defense Procurement and
Acquisition Policy (Program Acquisition and International Contracting) OUSD(AT&L)DPAP(PAIC) |
(3) Shall submit reports using—
(i) DD Form 2139,
Report of Contract Performance Outside the
(ii) A computer-generated report that contains all
information required by DD Form 2139; and
(4) May obtain copies of DD Form 2139 from the
Contracting Officer.
(d) Flowdown requirements.
(1) The Contractor shall include the substance of
this clause in all first-tier subcontracts exceeding $500,000, except those for
commercial items, construction, ores, natural gases, utilities, petroleum
products and crudes, timber (logs), or subsistence.
(2) The Contractor shall provide the number of
this contract to its subcontractors for reporting purposes.
(End of clause)
252.225-7005 Identification of Expenditures in the
As prescribed in 225.1103(1), use the following clause:
IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES (APR 2002)
(a) This clause applies only if the Contractor is--
(1) A concern incorporated in the United States (including a subsidiary that is incorporated in the United States, even if the parent corporation is not incorporated in the United States); or
(2) An unincorporated concern having its
principal place of business in the
(b)
On each invoice, voucher, or other request for payment under this
contract, the Contractor shall identify that part of the requested payment that
represents estimated expenditures in the
(1) May be expressed either as dollar amounts or as percentages of the total amount of the request for payment;
(2) Should be based on reasonable estimates; and
(3) Shall state the full amount of the payment requested, subdivided into the following categories:
(i)
(ii)
(iii) Transportation on
(iv) Expenditures not identified under paragraphs (b)(3)(i) through (iii) of this clause.
(c) Nothing in this clause requires the establishment or maintenance of detailed accounting records or gives the U.S. Government any right to audit the Contractor's books or records.
(End of clause)
252.225-7006 Reserved.
252.225-7007 Reserved.
252.225-7008 Reserved.
252.225-7009 Reserved.
252.225-7010 Reserved.
252.225-7011 Restriction on Acquisition of Supercomputers.
As prescribed in 225.7012-3, use the following clause:
RESTRICTION ON ACQUISITION OF SUPERCOMPUTERS (APR 2003)
Supercomputers
delivered under this contract shall be manufactured in the
(End of clause)
252.225-7012 Preference for Certain Domestic Commodities.
As prescribed in 225.7002-3(a), use the following clause:
PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (JUN 2004)
(a)
Definitions. As used in this clause--
(1) “Component” means any item supplied to the Government as part of an end product or of another component.
(2) “End product” means supplies delivered under a line item of this contract.
(3) “
(4) “U.S.-flag vessel” means a vessel of the
(b)
The Contractor shall deliver under this contract only such of the
following items, either as end products or components, that
have been grown, reprocessed, reused, or produced in the
(1) Food.
(2) Clothing.
(3) Tents, tarpaulins, or covers.
(4) Cotton and other natural fiber products.
(5) Woven silk or woven silk blends.
(6) Spun silk yarn for cartridge cloth.
(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics.
(8) Canvas products.
(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).
(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b).
(c) This clause does not apply—
(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices;
(2) To end products incidentally incorporating cotton, other natural fibers, or wool, for which the estimated value of the cotton, other natural fibers, or wool--
(i) Is not more than 10 percent of the total price of the end product; and
(ii) Does not exceed the simplified acquisition threshold in FAR Part 2;
(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives;
(4) To foods, other than fish, shellfish, or
seafood, that have been manufactured or processed in the
(5) To chemical warfare protective clothing produced in the countries listed in subsection 225.872-1 of the Defense FAR Supplement; or
(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if—
(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include¾
(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances);
(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia;
(C) Upholstered seats (whether for household, office, or other use); and
(D) Parachutes (Federal Supply Class 1670); or
(ii) The fibers and yarns are para-aramid fibers
and yarns manufactured in the
(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract—
(i) Shall be taken from the sea by U.S.-flag vessels; or
(ii) If not taken from the sea, shall be obtained
from fishing within the
(2) Any processing or manufacturing of the fish,
shellfish, or seafood shall be performed on a U.S.-flag vessel or in the
(End of clause)
252.225-7013 Duty-Free Entry.
As prescribed in 225.1101(4), use the following
clause:
DUTY-FREE ENTRY (JAN 2005)
(a) Definitions. As used in this clause—
(1) “Customs territory of the
(2) “Eligible product” means—
(i) “Designated country end product” as defined
in the Trade Agreements clause of this contract;
(ii) “Free Trade Agreement country end product” as defined in the Trade Agreements clause of this contract;
(iii) “End product of
(iv)
“Canadian end product” as defined in Alternate I of the Buy American
Act—Free Trade Agreements—Balance of Payments Program clause of this contract.
(3) “Qualifying country” and “qualifying country
end product” have the meanings given in the Trade Agreements clause, the Buy
American Act and Balance of Payments Program clause, or the Buy American Act--Free
Trade Agreements--Balance of Payments Program clause of this contract.
(b) Except as provided in paragraph (i) of this clause, or unless supplies were imported into
the
(1) End items that are eligible products or
qualifying country end products;
(2) Components (including, without limitation,
raw materials and intermediate assemblies) produced or made in qualifying
countries, that are to be incorporated in U.S.- made end products to be
delivered under this contract; or
(3) Other supplies for which the Contractor
estimates that duty will exceed $200 per shipment into the customs territory of
the
(c) The Contractor shall--
(1) Claim duty-free entry only for supplies that
the Contractor intends to deliver to the Government under this contract, either
as end items or components of end items; and
(2) Pay duty on supplies, or any portion thereof,
that are diverted to nongovernmental use, other than—
(i) Scrap or salvage;
or
(ii) Competitive sale made, directed, or
authorized by the Contracting Officer.
(d) Except as the Contractor may otherwise agree,
the Government will execute duty-free entry certificates and will afford such
assistance as appropriate to obtain the duty-free entry of supplies—
(1) For which no duty is included in the contract
price in accordance with paragraph (b) of this clause; and
(2) For which shipping documents bear the
notation specified in paragraph (e) of this clause.
(e) For foreign supplies for which the Government
will issue duty-free entry certificates in accordance with this clause,
shipping documents submitted to Customs shall—
(1) Consign the shipments to the appropriate—
(i) Military
department in care of the Contractor, including the Contractor's delivery
address; or
(ii) Military installation; and
(2) Include the following information:
(i) Prime contract
number and, if applicable, delivery order number.
(ii) Number of the subcontract for foreign
supplies, if applicable.
(iii) Identification of the carrier.
(iv)(A) For direct shipments to a U.S. military
installation, the notation: “UNITED
STATES GOVERNMENT, DEPARTMENT OF DEFENSE Duty-Free Entry to be claimed pursuant
to Section XXII, Chapter 98, Subchapter VIII, Item 9808.00.30 of the Harmonized
Tariff Schedule of the United States.
Upon arrival of shipment at the appropriate port of entry, District
Director of Customs, please release shipment under 19 CFR Part 142 and notify
Commander, Defense Contract Management Agency (DCMA) New York, ATTN: Customs Team, DCMAE-GNTF, 207 New York
Avenue, Staten Island, New York, 10305-5013, for execution of Customs Form
7501, 7501A, or 7506 and any required duty-free entry certificates.”
(B) If the shipment will be consigned to other
than a military installation, e.g., a domestic contractor's plant, the shipping
document notation shall be altered to include the name and address of the
contractor, agent, or broker who will notify Commander, DCMA New York, for
execution of the duty-free entry certificate.
(If the shipment will be consigned to a contractor’s plant and no
duty-free entry certificate is required due to a trade agreement, the
Contractor shall claim duty-free entry under the applicable trade agreement and
shall comply with the U.S. Customs Service requirements. No notification to Commander, DCMA New York,
is required.)
(v) Gross weight in pounds (if freight is based
on space tonnage, state cubic feet in addition to gross shipping weight).
(vi) Estimated value in U.S. dollars.
(vii) Activity address number of the contract
administration office administering the prime contract, e.g., for DCMA Dayton,
S3605A.
(f) Preparation
of customs forms.
(1)(i) Except for
shipments consigned to a military installation, the Contractor shall—
(A) Prepare any customs forms required for the
entry of foreign supplies into the
(B) Submit the completed customs forms to the
District Director of Customs, with a copy to
(ii) Shipments consigned directly to a military
installation will be released in accordance with sections 10.101 and 10.102 of
the U.S. Customs regulations.
(2)
For shipments containing both supplies that are to be accorded duty-free
entry and supplies that are not, the Contractor shall identify on the customs
forms those items that are eligible for duty-free entry.
(g) The Contractor shall—
(1) Prepare (if the Contractor is a foreign
supplier), or shall instruct the foreign supplier to prepare, a sufficient
number of copies of the bill of lading (or other shipping document) so that at
least two of the copies accompanying the shipment will be available for use by
the District Director of Customs at the port of entry;
(2) Consign the shipment as specified in
paragraph (e) of this clause; and
(3) Mark on the exterior of all packages--
(i) “UNITED STATES
GOVERNMENT, DEPARTMENT OF DEFENSE”; and
(ii) The activity address
number of the contract administration office administering the prime contract.
(h) The Contractor shall notify the
Administrative Contracting Officer (ACO) in writing of any purchase of eligible
products or qualifying country supplies to be accorded duty-free entry, that
are to be imported into the United States for delivery to the Government or for
incorporation in end items to be delivered to the Government. The Contractor shall furnish the notice to
the ACO immediately upon award to the supplier and shall include in the notice—
(1) The Contractor’s name, address, and
Commercial and Government Entity (CAGE) code;
(2) Prime contract number and, if applicable,
delivery order number;
(3) Total dollar value of the prime contract or
delivery order;
(4) Date of the last scheduled delivery under the
prime contract or delivery order;
(5) Foreign supplier's name and address;
(6) Number of the subcontract for foreign
supplies;
(7) Total dollar value of the subcontract for
foreign supplies;
(8) Date of the last scheduled delivery under the
subcontract for foreign supplies;
(9) List of items purchased;
(10) An agreement that the Contractor will pay
duty on supplies, or any portion thereof, that are
diverted to nongovernmental use other than—
(i) Scrap or salvage;
or
(ii) Competitive sale made, directed, or
authorized by the Contracting Officer;
(11) Country of origin; and
(12) Scheduled delivery date(s).
(i) This clause does
not apply to purchases of eligible products or qualifying country supplies in
connection with this contract if—
(1) The supplies are identical in nature to
supplies purchased by the Contractor or any subcontractor in connection with
its commercial business; and
(2) It is not economical or feasible to account
for such supplies so as to ensure that the amount of the supplies for which
duty-free entry is claimed does not exceed the amount purchased in connection
with this contract.
(j) The Contractor shall—
(1) Insert the substance of this clause, including this paragraph (j), in all subcontracts for—
(i) Qualifying
country components; or
(ii) Nonqualifying
country components for which the Contractor estimates that duty will exceed $200
per unit;
(2) Require subcontractors to include the number
of this contract on all shipping documents submitted to Customs for supplies
for which duty-free entry is claimed pursuant to this clause; and
(3) Include in applicable subcontracts—
(i) The name and
address of the ACO for this contract;
(ii) The name, address, and activity address
number of the contract administration office specified in this contract; and
(iii) The information required by paragraphs
(h)(1), (2), and (3) of this clause.
(End of clause)
252.225-7014 Preference for Domestic Specialty Metals.
As prescribed in 225.7002-3(b)(1), use the following clause:
PREFERENCE FOR DOMESTIC SPECIALTY METALS (APR 2003)
(a) Definitions. As used in this clause—
(1) “Qualifying country” means any country listed in subsection 225.872-1 of the Defense Federal Acquisition Regulation Supplement.
(2) “Specialty metals” means—
(i) Steel—
(A) With a maximum alloy content exceeding one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or
(B) Containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium;
(ii) Metal alloys consisting of nickel, iron-nickel, and cobalt base alloys containing a total of other alloying metals (except iron) in excess of 10 percent;
(iii) Titanium and titanium alloys; or
(iv) Zirconium and zirconium base alloys.
(b)
Any specialty metals incorporated in articles delivered under this
contract shall be melted in the
(c) This clause does not apply to specialty metals—
(1) Melted in a qualifying country or incorporated in an article manufactured in a qualifying country; or
(2) Purchased by a subcontractor at any tier.
(End of clause)
ALTERNATE I (APR 2003)
As prescribed in 225.7002-3(b)(2), substitute the following paragraph (c) for paragraph (c) of the basic clause, and add the following paragraph (d) to the basic clause:
(c) This clause does not apply to specialty metals melted in a qualifying country or incorporated in an article manufactured in a qualifying country.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts for items containing specialty metals.
252.225-7015 Restriction on Acquisition of Hand or
Measuring Tools.
As prescribed in 225.7002-3(c), use the following clause:
RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (APR 2003)
Hand
or measuring tools delivered under this contract shall be produced in the
(End of clause)
252.225-7016 Restriction on Acquisition of Ball and Roller
Bearings.
As prescribed in 225.7009-4(a), use the following clause:
RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (MAY 2004)
(a) Definitions. As used in this clause¾
(1) “Bearing components” means the bearing element, retainer, inner race, or outer race.
(2) “Miniature and instrument ball bearings” means all rolling contact ball bearings with a basic outside diameter (exclusive of flange diameters) of 30 millimeters or less, regardless of material, tolerance, performance, or quality characteristics.
(b)
Except as provided in paragraph (c) of this clause, all ball and roller
bearings and ball and roller bearing components (including miniature and
instrument ball bearings) delivered under this contract, either as end items or
components of end items, shall be wholly manufactured in the United States or
Canada. Unless otherwise specified, raw
materials, such as preformed bar, tube, or rod stock and lubricants, need not
be mined or produced in the
(c)(1) The restriction in paragraph (b) of this clause does not apply to ball or roller bearings that are acquired as components if--
(i) The end items or components containing ball or roller bearings are commercial items; or
(ii) The ball or roller bearings are commercial
components manufactured in the
(2) The commercial item exception in paragraph (c)(1) of this clause does not include items designed or developed under a Government contract if the end item is bearings or bearing components.
(d) The restriction in paragraph (b) of this clause may be waived upon request from the Contractor in accordance with subsection 225.7009-3 of the Defense Federal Acquisition Regulation Supplement. If the restriction is waived for miniature and instrument ball bearings, the Contractor shall acquire a like quantity and type of domestic manufacture for nongovernmental use.
(e) The Contractor shall retain records showing compliance with the restriction in paragraph (b) of this clause until 3 years after final payment and shall make the records available upon request of the Contracting Officer.
(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts, except those for¾
(1) Commercial items other than ball or roller bearings; or
(2) Items that do not contain ball or roller bearings.
(End of clause)
ALTERNATE I (APR 2003)
As prescribed in 225.7009-4(b), substitute the following paragraph (c)(1)(ii) for paragraph (c)(1)(ii) of the basic clause:
(c)(1)(ii) The ball or roller bearings are commercial components.
252.225-7017 Reserved.
252.225-7018 Notice of Prohibition of Certain Contracts
with Foreign Entities for the Conduct of Ballistic Missile Defense Research, Development,
Test, and Evaluation.
As prescribed in 225.7017-4, use the following provision:
NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH
FOREIGN ENTITIES FOR THE CONDUCT OF BALLISTIC MISSILE DEFENSE RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
(APR 2003)
(a) Definitions.
(1) “Competent” means the ability of an offeror to satisfy the requirements of the solicitation. This determination is based on a comprehensive assessment of each offeror's proposal including consideration of the specific areas of evaluation criteria in the relative order of importance described in the solicitation.
(2) “Foreign firm” means a business entity owned or controlled by one or more foreign nationals or a business entity in which more than 50 percent of the stock is owned or controlled by one or more foreign nationals.
(3) “
(b)
Except as provided in paragraph (c) of this provision, the Department of
Defense will not enter into or carry out any contract, including any contract
awarded as a result of a broad agency announcement, with a foreign government
or firm if the contract provides for the conduct of research, development,
test, or evaluation in connection with the Ballistic Missile Defense Program. However, foreign governments and firms are
encouraged to submit offers, since this provision is not intended to restrict
access to unique foreign expertise if the contract will require a level of
competency unavailable in the
(c) This prohibition does not apply to a foreign government or firm if—
(1) The contract will be performed within the
(2) The contract is exclusively for research, development, test, or evaluation in connection with antitactical ballistic missile systems;
(3) The foreign government or firm agrees to
share a substantial portion of the total contract cost. The foreign share is considered substantial
if it is equitable with respect to the relative benefits that the
(4) The U.S. Government determines that a
(d)
The offeror (_____) is (_____) is not a
(End of provision)
252.225-7019 Restriction on Acquisition of Anchor and
Mooring Chain.
As prescribed in 225.7007-3, use the following clause:
RESTRICTION ON ACQUISITION OF ANCHOR AND MOORING CHAIN
(APR 2003)
(a) Welded shipboard anchor and mooring chain, four inches or less in diameter, delivered under this contract—
(1) Shall be manufactured in the United States, including cutting, heat treating, quality control, testing, and welding (both forging and shot blasting process); and
(2) The cost of the components manufactured in
the
(b) The Contractor may request a waiver of this restriction if adequate domestic supplies meeting the requirements in paragraph (a) of this clause are not available to meet the contract delivery schedule.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts for items containing welded shipboard anchor and mooring chain, four inches or less in diameter.
(End of clause)
252.225-7020 Trade Agreements Certificate.
As prescribed in 225.1101(5), use the following provision:
TRADE AGREEMENTS CERTIFICATE (JAN 2005)
(a) Definitions. “Designated country end product,” “nondesignated country end product,” “qualifying country end product,” and “U.S.-made end product” have the meanings given in the Trade Agreements clause of this solicitation.
(b)
Evaluation. The Government—
(1) Will evaluate offers in accordance with the
policies and procedures of Part 225 of the Defense Federal Acquisition
Regulation Supplement; and
(2) Will consider only offers of end products
that are U.S.-made, qualifying country, or designated country end products
unless—
(i) There are no
offers of such end products;
(ii) The offers of such end products are
insufficient to fulfill the Government’s requirements; or
(iii) A national interest waiver has been granted.
(c) Certification and identification of country of origin.
(1) For all line items subject to the Trade Agreements clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.
(2) The following supplies are other nondesignated country end products:
(Line Item Number) |
|
(Country of Origin) |
(End of provision)
252.225-7021 Trade Agreements.
As prescribed in 225.1101(6), use the following clause:
TRADE AGREEMENTS (JAN 2005)
(a) Definitions. As used in this clause¾
(1) “
(i) Means an article that¾
(A) Is wholly the growth, product, or manufacture
of a
(B) In the case of an article that consists in whole or in part of materials from another country or instrumentality, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself; and
(ii) Excludes products, other than petroleum and any product derived from petroleum, that are not granted duty-free treatment under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)). These exclusions presently consist of¾
(A) Textiles, apparel articles, footwear, handbags, luggage, flat goods, work gloves, leather wearing apparel, and handloomed, handmade, or folklore articles that are not granted duty-free status in the Harmonized Tariff Schedule of the United States (HTSUS);
(B) Tuna, prepared or preserved in any manner in airtight containers; and
(C) Watches and watch parts (including cases, bracelets, and straps) of whatever type, including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the HTSUS column 2 rates of duty (HTSUS General Note 3(b)) apply.
(2) “Component” means an article, material, or supply incorporated directly into an end product.
(3) “Designated country” means—
(i) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or the United Kingdom);
(ii)
A Free Trade Agreement country (
(iii) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(iv) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Montserrat, Netherlands Antilles, Nicaragua, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).
(4) “Designated country end product” means a WTO GPA country end product, a Free Trade Agreement country
end product, a least developed country end product, or a
(5) “End product” means those articles, materials, and supplies to be acquired under this contract for public use.
(6) “Free Trade Agreement country end product” means an article that¾
(i) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or
(ii) In the case of an article that consists in whole or in part of materials from another country or instrumentality, has been substantially transformed in a Free Trade Agreement country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.
(7) “Least developed country end product” means an article that—
(i) Is wholly the growth, product, or manufacture of a least developed country; or
(ii) In the case of an article that consists in whole or in part of materials from another country or instrumentality, has been substantially transformed in a least developed country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.
(8) “Nondesignated country end product” means any end product that is not a U.S.-made end product or a designated country end product.
(9) “Qualifying country” means any country set forth in subsection 225.872-1 of the Defense Federal Acquisition Regulation Supplement.
(10) “Qualifying country end product” means¾
(i) An unmanufactured end product mined or produced in a qualifying country; or
(ii) An end product manufactured in a qualifying country if the cost of the following types of components exceeds 50 percent of the cost of all its components:
(A) Components mined, produced, or manufactured
in a qualifying country.
(B) Components mined, produced, or manufactured
in the
(C) Components of foreign origin of a class or
kind for which the Government has determined that sufficient and reasonably
available commercial quantities of a satisfactory quality are not mined,
produced, or manufactured in the
(11) “
(12) “U.S.-made end product” means an article that¾
(i) Is mined, produced, or manufactured in the
(ii) Is substantially transformed in the
(b) Unless otherwise specified, this clause applies to all items in the Schedule.
(c) The Contractor shall deliver under this contract only U.S.-made, qualifying country, or designated country end products unless—
(1) In its offer, the Contractor specified delivery of other nondesignated country end products in the Trade Agreements Certificate provision of the solicitation; and
(2)(i) Offers of U.S.-made end products or qualifying, designated, Caribbean Basin, or Free Trade Agreement country end products from responsive, responsible offerors are either not received or are insufficient to fill the Government’s requirements; or
(ii) A national interest waiver has been granted.
(d) The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry.
(e) The HTSUS is available on the Internet at http://www.customs.ustreas.gov/impoexpo/impoexpo.htm. The following sections of the HTSUS provide information regarding duty-free status of articles specified in paragraph (a)(2)(ii)(A) of this clause:
(1) General Note 3(c), Products Eligible for Special Tariff Treatment.
(2) General Note 17, Products of Countries
Designated as Beneficiary Countries Under the
(3) Section XXII, Chapter 98, Subchapter II,
Articles Exported and Returned, Advanced or Improved Abroad,
(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits Under the United States--Caribbean Basin Trade Partnership Act.
(End of clause)
252.225-7022 Restriction on Acquisition of
Polyacrylonitrile (PAN) Carbon Fiber.
As prescribed in 225.7103-3, use the following clause:
RESTRICTION ON ACQUISITION OF POLYACRYLONITRILE
(PAN)
CARBON FIBER (APR 2003)
(a) This clause applies if the end product furnished under this contract contains polyacrylonitrile carbon fibers (alternatively referred to as PAN-based carbon fibers or PAN-based graphite fibers).
(b)
PAN carbon fibers contained in the end product shall be manufactured in
the
(c)
The Contracting Officer may waive the requirement in paragraph (b) of
this clause in whole or in part. The
Contractor may request a waiver from the Contracting Officer by identifying the
circumstances and including a plan to qualify
(End of clause)
252.225-7023 Restriction on Acquisition of Vessel
Propellers.
As prescribed in 225.7010-4, use the following clause:
RESTRICTION ON ACQUISITION OF VESSEL PROPELLERS (DEC 2000)
(a) Except as provided in paragraph (b) of this clause, the Contractor shall deliver under this contract, whether as end items or components of end items, vessel propellers--
(1) Manufactured in the
(2) For which all component castings were poured
and finished in the
(b) The restriction in paragraph (a) of this clause--
(1) Does not apply to vessel propellers that are commercial items; and
(2) For other than commercial items, may be waived upon request from the Contractor in accordance with subsection 225.7020-3 of the Defense Federal Acquisition Regulation Supplement.
(End of clause)
252.225-7024 Reserved.
252.225-7025 Restriction on Acquisition of Forgings.
As prescribed in 225.7102-4, use the following clause:
RESTRICTION ON ACQUISITION OF FORGINGS (APR 2003)
(a) Definitions. As used in this clause¾
(1) “Domestic manufacture” means manufactured in
the
(i) Normally produces similar items or is currently producing the item in support of DoD contracts (as a contractor or a subcontractor); and
(ii) Agrees to become (upon receiving a contract/order) a planned producer under DoD's Industrial Preparedness Production Planning Program, if it is not already a planned producer for the item.
(2) “Forging items” means—
ITEMS Ship propulsion shafts Periscope tubes Ring forgings for bull gears |
CATEGORIES Excludes service and landing craft shafts All All greater than 120 inches in diameter |
(b) End items and their components delivered under this contract shall contain forging items that are of domestic manufacture only.
(c) The restriction in paragraph (b) of this clause may be waived upon request from the Contractor in accordance with subsection 225.7102-3 of the Defense Federal Acquisition Regulation Supplement.
(d) The Contractor shall retain records showing compliance with the restriction in paragraph (b) of this clause until 3 years after final payment and shall make the records available upon request of the Contracting Officer.
(e) The Contractor shall insert the substance of this clause, including this paragraph (e), in subcontracts for forging items or for other items that contain forging items.
(End of clause)
252.225-7026 Reserved.
252.225-7027 Restriction on Contingent Fees for Foreign
Military Sales.
As prescribed in 225.7308(a), use the following clause.
RESTRICTION ON
CONTINGENT FEES FOR FOREIGN MILITARY SALES
(APR 2003)
(a) Except as provided in paragraph (b) of this
clause, contingent fees, as defined in the Covenant Against Contingent Fees
clause of this contract, are generally an allowable cost, provided the fees are
paid to—
(1) A bona fide employee of the Contractor;
or
(2) A bona fide established commercial or selling
agency maintained by the Contractor for the purpose of securing business.
(b) For foreign military sales, unless the
contingent fees have been identified and payment approved in writing by the
foreign customer before contract award, the following contingent fees are
unallowable under this contract:
(1) For sales to the Government(s) of __________,
contingent fees in any amount.
(2) For sales to Governments not listed in
paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign
military sale case.
(End of clause)
252.225-7028 Exclusionary Policies and Practices of
Foreign Governments.
As prescribed in 225.7308(b), use the following clause:
EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS
(APR 2003)
The Contractor and its subcontractors shall not
take into account the exclusionary policies or practices of any foreign government
in employing or assigning personnel, if—
(a) The personnel will perform functions required
by this contract, either in the
(b) The exclusionary policies or practices of the
foreign government are based on race, religion, national origin, or sex.
(End of clause)
252.225-7029 Reserved.
252.225-7030 Restriction on Acquisition of Carbon, Alloy,
and Armor Steel Plate.
As prescribed in 225.7011-3, use the following
clause:
RESTRICTION ON
ACQUISITION OF CARBON, ALLOY, AND ARMOR
STEEL PLATE (APR 2003)
Carbon, alloy, and armor steel plate
shall be melted and rolled in the
(a) Is in Federal Supply Class 9515 or is
described by specifications of the American Society for Testing Materials or
the American Iron and Steel Institute; and
(b) Will be delivered to the Government or will be purchased by the Contractor as a raw material for use in a Government-owned facility or a facility under the control of the Department of Defense.
(End of clause)
252.225-7031 Secondary Arab Boycott of
As prescribed in 225.1103(2), use the following
provision:
SECONDARY ARAB BOYCOTT
OF
(a) Definitions. As used in this provision—
(1)
“Foreign person” means any person (including any individual,
partnership, corporation, or other form of association) other than a
(2) “
(i) Any
(ii) Any domestic concern (including any permanent
domestic establishment of any foreign concern); and
(iii) Any foreign subsidiary or affiliate
(including any permanent foreign establishment) of any domestic concern that is
controlled in fact by such domestic concern.
(b) Certification. If the offeror is a
foreign person, the offeror certifies, by submission
of an offer, that it—
(1) Does not comply with the Secondary Arab
Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take
any action, with respect to the Secondary Boycott of Israel by Arab countries,
which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.
(End of provision)
252.225-7032 Waiver of
As prescribed in 225.1101(7), use the following
provision:
WAIVER OF
(APR 2003)
(a) Offered prices for contracts or subcontracts
with United Kingdom (U.K.) firms may contain commercial exploitation levies
assessed by the Government of the
(1) The name of the
(2) The item to which the levy applies and the
item quantity; and
(3) The amount of levy plus any associated
indirect costs and profit or fee.
(b) In the event of difficulty in identifying
levies included in a price from a prospective subcontractor, the offeror may seek advice through the Director of
Procurement, United Kingdom Defence Procurement
Office, British Embassy,
(c) The U.S. Government may attempt to obtain a
waiver of levies pursuant to the U.S./U.K. reciprocal waiver agreement of July
1987.
(1) If the
(2) If levies are identified but not waived
before award of a contract, the Contracting Officer will evaluate the offer
inclusive of the levies.
(3) If the
(End of provision)
252.225-7033 Waiver of
As prescribed in 225.1101(8), use the following
clause:
WAIVER OF
(a) The U.S. Government may attempt to obtain a
waiver of any commercial exploitation levies included in the price of this
contract, pursuant to the U.S./United Kingdom (U.K.) reciprocal waiver
agreement of July 1987. If the
(b) If the Contractor contemplates award of a
subcontract exceeding
$1 million to a
(1) Name of the
(2) Prime contract number.
(3) Description of item to which the levy
applies.
(4) Quantity being acquired.
(5) Amount of levy plus any associated indirect
costs and profit or fee.
(c) In the event of difficulty in identifying
levies included in a price from a prospective subcontractor, the Contractor may
seek advice through the Director of Procurement, United Kingdom Defence Procurement Office, British Embassy,
(d) The Contractor shall insert the substance of
this clause, including this paragraph (d), in any subcontract for supplies
where a lower-tier subcontract exceeding $1 million with a
(End of clause)
252.225-7034 Reserved.
252.225-7035 Buy American Act--Free Trade Agreements--Balance
of Payments Program Certificate.
As prescribed in 225.1101(9), use the following
provision:
BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE
OF PAYMENTS PROGRAM CERTIFICATE (JAN 2005)
(a) Definitions. “Domestic end product,” “end product of
(b) Evaluation. The Government—
(1) Will evaluate offers in accordance with the
policies and procedures of Part 225 of the Defense Federal Acquisition
Regulation Supplement; and
(2) For line items subject to Free Trade
Agreements, will evaluate offers of qualifying country end products or end
products of
(c) Certifications
and identification of country of origin.
(1) For all line items subject to the Buy
American Act—Free Trade Agreements—Balance of Payments Program clause of this
solicitation, the offeror certifies that—
(i) Each end product,
except the end products listed in paragraph (c)(2) of this provision, is a
domestic end product; and
(ii) Components of unknown origin are considered
to have been mined, produced, or manufactured outside the
(2) The offeror shall
identify all end products that are not domestic end products.
(i) The offeror certifies that the following supplies are
qualifying country (except Australian or Canadian) end products:
(Line Item Number) (Country
of Origin)
(ii) The offeror
certifies that the following supplies are end products of
(Line Item Number) (Country
of Origin)
(iii) The following supplies are other foreign end
products, including end products manufactured in the
(Line Item Number) (Country of Origin (If known))
(End of provision)
ALTERNATE I (JAN 2005)
As prescribed in 225.1101(9), substitute the
phrase “Canadian end product” for the phrase “end product of Australia, Canada,
Chile, Mexico, or Singapore” in paragraph (a) of the basic provision; and
substitute the phrase “Canadian end products” for the phrase “end products of
Australia, Canada, Chile, Mexico, or Singapore” in paragraphs (b) and (c)(2)(ii)
of the basic provision.
252.225-7036 Buy American Act--Free Trade Agreements--Balance
of Payments Program.
As prescribed in 225.1101(10)(i),
use the following clause:
BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE
OF PAYMENTS PROGRAM (JAN 2005)
(a) Definitions. As used in this clause—
(1) “Component” means an article, material, or
supply incorporated directly into an end product.
(2) “Domestic end product” means—
(i) An unmanufactured end product that has been mined or produced
in the
(ii) An end product manufactured in the United
States if the cost of its qualifying country components and its components that
are mined, produced, or manufactured in the United States exceeds 50 percent of
the cost of all its components. The cost
of components includes transportation costs to the place of incorporation into
the end product and
(A) Sufficient and reasonably available
commercial quantities of a satisfactory quality are not mined, produced, or
manufactured in the
(B) It is inconsistent with the public interest to
apply the restrictions of the Buy American Act.
(3) “End product” means those articles, materials, and supplies to be acquired under this contract for public use.
(4) “End product of
(i) Is wholly the growth, product, or manufacture
of
(ii) In the case of an article that consists in whole or in part of materials from another country or instrumentality, has been substantially transformed in Australia, Canada, Chile, Mexico, or Singapore into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.
(5) “Foreign end product” means an end product
other than a domestic end product.
(6) “Qualifying country” means any country set
forth in subsection 225.872-1 of the Defense Federal Acquisition Regulation
Supplement.
(7) “Qualifying country component” means a
component mined, produced, or manufactured in a qualifying country.
(8) “Qualifying country end product” means¾
(i) An unmanufactured end product mined or produced in a
qualifying country; or
(ii)
An end product manufactured in a
qualifying country if the cost of the following types of components exceeds 50
percent of the cost of all its components:
(A) Components mined, produced, or manufactured
in a qualifying country.
(B) Components mined, produced, or manufactured
in the
(C) Components of foreign origin of a class or
kind for which the Government has determined that sufficient and reasonably
available commercial quantities of a satisfactory quality are not mined,
produced, or manufactured in the
(9) “
(b) Unless otherwise specified, this clause
applies to all items in the Schedule.
(c) The Contractor shall deliver under this
contract only domestic end products unless, in its offer, it specified delivery
of qualifying country end products, end products of
(d) The contract price does not include duty for
end products or components for which the Contractor will claim duty-free entry.
(End of clause)
ALTERNATE I (JAN 2005)
As prescribed in 225.1101(10)(i)(B),
substitute the following paragraphs (a)(4) and (c) for paragraphs (a)(4) and
(c) of the basic clause:
(a)(4) “Canadian end product,” means an article
that—
(i) Is wholly the
growth, product, or manufacture of
(ii) In the case of an article that consists in whole
or in part of materials from another country or instrumentality, has been
substantially transformed in Canada into a new and different article of
commerce with a name, character, or use distinct from that of the article or
articles from which it was transformed.
The term refers to a product offered for purchase under a supply
contract, but for purposes of calculating the value of the end product includes
services (except transportation services) incidental to its supply, provided that the value of those incidental
services does not exceed the value of the product itself.
(c) The Contractor shall deliver under this
contract only domestic end products unless, in its offer, it specified delivery
of qualifying country, Canadian, or other foreign end products in the Buy
American Act--Free Trade Agreements--Balance of Payments Program Certificate
provision of the solicitation. If the
Contractor certified in its offer that it will deliver a qualifying country end
product or a Canadian end product, the Contractor shall deliver a qualifying
country end product, a Canadian end product, or, at the Contractor’s option, a
domestic end product.
252.225-7037 Evaluation of Offers for Air Circuit
Breakers.
As prescribed in 225.7006-4(a), use the following
provision:
EVALUATION OF OFFERS
FOR AIR CIRCUIT BREAKERS (APR 2003)
(a) The offeror shall
specify, in its offer, any intent to furnish air circuit breakers that are not
manufactured in the
(b) The Contracting Officer will
evaluate offers by adding a factor of 50 percent to the offered price of air
circuit breakers that are not manufactured in the
(End of provision)
252.225-7038 Restriction on Acquisition of Air Circuit
Breakers.
As prescribed in 225.7006-4(b), use the following
clause:
RESTRICTION ON
ACQUISITION OF AIR CIRCUIT BREAKERS (APR 2003)
Unless otherwise specified in its offer, the
Contractor shall deliver under this contract air circuit breakers manufactured
in the
(End of clause)
252.225-7039 Restriction on Acquisition of Totally
Enclosed Lifeboat Survival Systems.
As prescribed in
225.7008-4, use the following clause:
RESTRICTION ON ACQUISITION OF TOTALLY ENCLOSED LIFEBOAT
SURVIVAL SYSTEMS (APR 2003)
The Contractor
shall deliver under this contract totally enclosed lifeboat survival systems
(consisting of the lifeboat and associated davits and winches), for which—
(a)
50 percent or more of the components have been manufactured in the
(b)
50 percent or more of the labor in the manufacture and assembly of the
entire system has been performed in the
(End of clause)
252.225-7040 Reserved.
252.225-7041 Correspondence in English.
As prescribed in 225.1103(3), use the following clause:
CORRESPONDENCE IN ENGLISH (JUN 1997)
The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.
(End of clause)
252.225-7042 Authorization to Perform.
As prescribed in 225.1103(4), use the following provision:
AUTHORIZATION TO PERFORM (APR 2003)
The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the contract is to be performed.
(End of provision)
252.225-7043 Antiterrorism/Force Protection for Defense
Contractors Outside the
As prescribed in 225.7402, use the following clause:
ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 1998)
(a) Except as provided in paragraph (b) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall¾
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(b) The requirements of this clause do not apply to any subcontractor that is¾
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(c) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from (Contracting Officer to insert applicable information cited in 225.7401).
(End of clause)
252.225-7044 Balance of
Payments Program--Construction Material.
As prescribed in 225.7503(a), use the following clause:
BALANCE OF
PAYMENTS PROGRAM--CONSTRUCTION MATERIAL (JAN 2005)
(a) Definitions. As used in this clause--
“Component” means any article,
material, or supply incorporated directly into construction material.
“Construction material” means an
article, material, or supply brought to the construction site by the Contractor
or a subcontractor for incorporation into the building or work. The term also includes an item brought to the
site preassembled from articles, materials, or supplies. However, emergency life safety systems, such
as emergency lighting, fire alarm, and audio evacuation systems, that are
discrete systems incorporated into a public building or work and that are
produced as complete systems, are evaluated as a single and distinct
construction material regardless of when or how the individual parts or
components of those systems are delivered to the construction site. Materials purchased directly by the
Government are supplies, not construction material.
“Cost of components” means--
(1)
For components purchased by the Contractor, the acquisition cost,
including transportation costs to the place of incorporation into the end
product (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the
Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this
definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the construction material.
“Domestic construction material”
means--
(1) An unmanufactured
construction material mined or produced in the
(2) A construction material manufactured in the
“
(b) Domestic
preference. This clause implements
the Balance of Payments Program by providing a preference for domestic
construction material. The Contractor
shall use only domestic construction material in performing this contract,
except for--
(1) Construction material valued at or below the
simplified acquisition threshold in Part 2 of the Federal Acquisition
Regulation; or
(2) The construction material or components
listed by the Government as follows:
_________________________________________________________________________________
[Contracting
Officer to list applicable excepted materials or indicate “none”]
(End
of clause)
252.225-7045 Balance of
Payments Program--Construction Material Under Trade Agreements.
As prescribed in 225.7503(b), use the
following clause:
BALANCE OF
PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE AGREEMENTS (JAN 2005)
(a)
Definitions. As used in this
clause--
“
(1) Is wholly the growth, product, or manufacture
of a
(2) In the case of a construction material that
consists in whole or in part of materials from another country, has been
substantially transformed in a
“Component” means any article,
material, or supply incorporated directly into construction material.
“Construction material” means an
article, material, or supply brought to the construction site by the Contractor
or a subcontractor for incorporation into the building or work. The term also includes an item brought to the
site preassembled from articles, materials, or supplies. However, emergency life safety systems, such
as emergency lighting, fire alarm, and audio evacuation systems, that are
discrete systems incorporated into a public building or work and that are
produced as complete systems, are evaluated as a single and distinct
construction material regardless of when or how the individual parts or
components of those systems are delivered to the construction site. Materials purchased directly by the
Government are supplies, not construction material.
“Cost of components” means--
(1) For components purchased by the Contractor,
the acquisition cost, including transportation costs to the place of
incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry
certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Designated country” means—
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or the United Kingdom);
(2) A Free Trade Agreement country (
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Montserrat, Netherlands Antilles, Nicaragua, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).
“Designated
country construction material” means a construction material that is a WTO GPA country construction material, a Free Trade Agreement
country construction material, a least developed country construction material,
or a
“Domestic construction material”
means--
(1) An unmanufactured
construction material mined or produced in the
(2) A construction material manufactured in the
“Free Trade Agreement country construction
material” means a construction material that--
(1) Is wholly the growth, product, or manufacture
of a Free Trade Agreement country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different construction material distinct from the material from which it was transformed.
“Least developed country construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.
“
“WTO GPA country construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.
(b)
This clause implements the Balance of Payments Program by providing a
preference for domestic construction material.
In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements apply to this
acquisition. Therefore, the Balance of
Payments Program restrictions are waived for designated country construction
materials.
(c)
The Contractor shall use only domestic or designated country construction
material in performing this contract, except for--
(1) Construction material valued at or below the
simplified acquisition threshold in Part 2 of the Federal Acquisition
Regulation; or
(2) The construction material or components
listed by the Government as follows:
_________________________________________________________________________________
[Contracting
Officer to list applicable excepted materials or indicate “none”]
(End
of clause)
ALTERNATE
I (JAN 2005). As prescribed in 225.7503(b), delete the definitions of “designated
country” and “designated country construction material” from the definitions in
paragraph (a) of the basic clause, add the following definition of “Australian,
Chilean, or Moroccan construction material” to paragraph (a) of the basic
clause, and substitute the following paragraphs (b) and (c) for paragraphs (b)
and (c) of the basic clause:
“Australian, Chilean, or Moroccan construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture
of
(2) In the case of a construction material that
consists in whole or in part of materials from another country, has been
substantially transformed in
(b)
This clause implements the Balance of Payments Program by providing a
preference for domestic construction material.
In addition, the Contracting Officer has determined that the WTO GPA and all Free Trade Agreements except NAFTA apply to
this acquisition. Therefore, the Balance
of Payments Program restrictions are waived for WTO
GPA country, Australian, Chilean, or Moroccan, least developed country, or
(c)
The Contractor shall use only domestic, WTO
GPA country, Australian, Chilean, or Moroccan, least developed country, or
(1) Construction material valued at or below the
simplified acquisition threshold in Part 2 of the Federal Acquisition
Regulation; or
(2) The construction material or components
listed by the Government as follows:
_________________________________________________________________________________
[Contracting
Officer to list applicable excepted materials or indicate “none”]