(Revised August 2, 2007)
(See DFARS 225.0 - Pop-up window, PGI Viewer mode)
Consider the following when evaluating offers of foreign end
products:
(1) Statutory or policy restrictions.
(i) Determine
whether the product is restricted by—
(A)
Statute (see DFARS Subpart 225.70); or
(B) DoD
policy (see DFARS Subpart 225.71, FAR 6.302-3, and DoD Directive 5230.11,
Disclosure of Classified Military Information to Foreign Governments and
International Organizations).
(ii) If an
exception to or waiver of a restriction in DFARS Subpart 225.70 or 225.71 would
result in award of a foreign end product, apply the policies and procedures of
the Buy American Act or the Balance of Payments Program, and, if applicable,
the trade agreements.
(2) Memoranda of understanding or other international agreements. Determine whether the offered product is the
product of one of the qualifying countries listed in DFARS 225.872-1.
(3) Trade agreements. If the
product is not an eligible product, a qualifying country end product, or a U.S.-made
end product, purchase of the foreign end product may be prohibited (see FAR
25.403(c) and DFARS 225.403(c)).
(4) Other trade sanctions and prohibited sources.
(i) Determine
whether the offeror complies with the secondary Arab boycott of
(ii) Determine
whether the offeror is a prohibited source (see FAR Subpart 25.7 and DFARS
Subpart 225.7).
(5) Buy American Act and Balance of Payments Program. See the evaluation procedures in DFARS
Subpart 225.5.
(1) Definitions. “Manufactured
end product” and “place of manufacture” are defined in the provision at FAR
52.225-18, Place of Manufacture.
(2) Use the Federal
Procurement Data System data field “Place of Manufacture,” under the section on
Product or Service Information, to enter data on the acquisition of end
products manufactured outside the
Place of Manufacture
Short Description as
viewed in drop down box |
Long
Description |
Manufactured
or performed outside (Actions
prior to FY 2007 only) |
The
action is for (i) Any foreign end product manufactured outside the |
Mfg in
|
The
action is predominantly for acquisition of manufactured end products that are
manufactured in the |
Mfg
outside |
The
foreign manufactured end products are predominantly commercial information
technology items (FAR 25.103(e)). |
Mfg
outside |
The
foreign manufactured end products were predominantly not domestically
available as shown by one of the following:
|
Mfg
outside U.S -Public interest determination |
The head
of the agency has made a determination that domestic preferences would be
inconsistent with the public interest (FAR 25.103(a)). |
Mfg
outside |
For
DoD only, the foreign manufactured end products are predominantly qualifying
country end products (DFARS 225.003 and 225.872-1). |
Mfg
outside |
The
foreign manufactured end products acquired are predominantly for resale (FAR
25.103(d)). |
Mfg
outside |
The
foreign manufactured end products are predominantly eligible products
acquired under Trade Agreements (FAR 25.402(a)(1)). |
Mfg
outside |
The
cost of the offered domestic end products was unreasonable (FAR 25.103(c),
25.105, and Subpart 25.5). |
Mfg
outside |
The
foreign manufactured end products acquired are predominantly for use outside
the |
More
than 50% of foreign content, but manufactured in |
The
action is for (i) A foreign end product that is manufactured in the United
States but still determined to be foreign because 50 percent or more of the
cost of the components is not mined, produced, or manufactured inside the
United States or qualifying countries; or (ii) Services performed in the
United States by a foreign concern. |
Not
applicable |
The
action is NOT predominantly for acquisition of manufactured end products. |
(3) Note that the first
and second from the last options in the drop down box are to be used only for
reporting of contracts awarded or orders issued prior to October 1, 2006.
(4) The other options in
the drop down box apply only to contracts awarded and orders issued on or after
October 1, 2006. If the solicitation for
the contract contains the provision at FAR 52.225-18, Place of Manufacture (or
the commercial item equivalent at FAR 52.212-3(j)), the contracting officer
must review the successful offeror’s response to this provision to select the
correct option.
(i) Enter “Mfg
in
(ii) If the
offeror has checked the box “Outside the United States,” enter one of the other
options, depending on the predominant reason for acquiring end products
manufactured outside the
(5) For any contract
awarded on or after October 1, 2006, when the solicitation did not include the provision at FAR 52.225-18, Place of
Manufacture (or FAR 52.212-3(j)), and for any order placed on or after October
1, 2006, under a contract that did not include one of these provisions,
the contracting officer shall use best judgment in estimating whether the
acquisition is predominantly for manufactured end products and whether the end
products were predominantly end products manufactured in the United States or
outside the United States, using the place of performance or other information
that may be available to the contracting officer to assist in forming this
judgment.