SUBPART 225.4--TRADE AGREEMENTS
(Revised
September 15, 2008)
225.401 Exceptions.
225.401-70 End products subject
to trade agreements.
225.401-71 Products or services in support of operations
in
225.402 General.
225.403 World Trade Organization
Government Procurement Agreement and Free Trade Agreements.
225.408 Procedures.
225.401 Exceptions.
(a)(2) If a department or agency considers an individual acquisition of a product to be indispensable for national security or national defense purposes and appropriate for exclusion from the provisions of FAR Subpart 25.4, it may submit a request with supporting rationale to the Director of Defense Procurement and Acquisition Policy and Acquisition Policy (OUSD(AT&L)DPAP). Approval by OUSD(AT&L)DPAP is not required if--
(A) Purchase from foreign sources is restricted by statute (see Subpart 225.70);
(B) Another exception in FAR 25.401 applies to the acquisition; or
(C) Competition from foreign sources is restricted under Subpart 225.71.
225.401-70 End products subject
to trade agreements.
Acquisitions of end products
in the following Federal supply groups (FSG) are covered by trade agreements if
the value of the acquisition is at or above the applicable trade agreement
threshold and no exception applies. If an
end product is not in one of the listed groups, the trade agreements do not
apply. The definition of Caribbean Basin
country end products in FAR 25.003 excludes those end products that are not
eligible for duty-free treatment under 19 U.S.C. 2703(b). Therefore certain watches, watch parts, and
luggage from certain
FSG |
Category/Description |
|
|
22 |
Railway equipment |
23 |
Motor vehicles, trailers, and cycles (except 2350 and buses under 2310) |
24 |
Tractors |
25 |
Vehicular equipment components |
26 |
Tires and tubes |
29 |
Engine accessories |
30 |
Mechanical power transmission equipment |
32 |
Woodworking machinery and equipment |
34 |
Metalworking machinery |
35 |
Service and trade equipment |
36 |
Special industry machinery (except 3690) |
37 |
Agricultural machinery and equipment |
38 |
Construction, mining, excavating, and highway maintenance equipment |
39 |
Materials handling equipment |
40 |
Rope, cable, chain and fittings |
41 |
Refrigeration and air conditioning equipment |
42 |
Fire fighting, rescue and safety equipment |
43 |
Pumps and compressors |
44 |
Furnace, steam plant and drying equipment (except 4470) |
45 |
Plumbing, heating, and sanitation equipment |
46 |
Water purification and sewage treatment equipment |
47 |
Piping, tubing, hose, and fitting |
48 |
Valves |
49 |
Maintenance and repair shop equipment (except 4920-4927, 4931-4935, 4960) |
53 |
Hardware and abrasives |
54 |
Prefabricated structures and scaffolding |
55 |
Lumber, millwork, plywood, and veneer |
56 |
Construction and building materials |
61 |
Electric wire, and power and distribution equipment |
62 |
Lighting fixtures and lamps |
63 |
Alarm and signal systems |
65 |
Medical, dental, and veterinary equipment and supplies |
66 |
Instruments and laboratory
equipment (except aircraft clocks under 6645) - See FAR 25.003 exclusion of
certain watches and watch parts for certain |
67 |
Photographic equipment |
68 |
Chemicals and chemical products |
69 |
Training aids and devices |
70 |
General purpose ADPE, software, supplies, and support equipment |
71 |
Furniture |
72 |
Household and commercial furnishings and appliances |
73 |
Food preparation and serving equipment |
74 |
Office machines, visible record equipment and ADP equipment |
75 |
Office supplies and devices |
76 |
Books, maps, and other publications |
77 |
Musical instruments, phonographs, and home type radios |
78 |
Recreational and athletic equipment |
79 |
Cleaning equipment and supplies |
80 |
Brushes, paints, sealers, and adhesives |
81 |
Containers, packaging and packing supplies (except 8140) |
83 |
Pins, needles, and sewing kits (only part of 8315) and flag staffs, flagpoles, and flagstaff trucks (only part of 8345) |
84 |
Luggage (only 8460) - See
FAR 25.003 for exclusion of luggage for |
85 |
Toiletries |
87 |
Agricultural supplies |
88 |
Live animals |
89 |
Tobacco products (only 8975) |
91 |
Fuels, oils, and waxes |
93 |
Nonmetallic fabricated materials |
94 |
Nonmetallic crude materials |
96 |
Ores, minerals, and their primary products |
99 |
Miscellaneous |
225.401-71 Products or services in support of operations
in
When acquiring products or services, other than small arms, in
support of operations in Iraq or Afghanistan using a procedure specified in
225.7703-1(a), the purchase restriction at FAR 25.403(c) does not apply with
regard to products or services from Iraq.
225.402 General.
To estimate the value of the acquisition, use the total estimated value of end products covered by trade agreements (see 225.401-70).
225.403 World Trade Organization
Government Procurement Agreement and Free Trade Agreements.
(c) For acquisitions of supplies covered by the World Trade Organization Government Procurement Agreement, acquire only U.S.-made, qualifying country, or designated country end products unless—
(i) The contracting officer determines that offers of U.S.-made, qualifying country, or designated country end products from responsive, responsible offerors are either¾
(A) Not received; or
(B) Insufficient to fill the Government's requirements. In this case, accept all responsive, responsible offers of U.S.-made, qualifying country, and eligible products before accepting any other offers; or
(ii) A national interest waiver under 19 U.S.C. 2512(b)(2) is granted on a case-by-case basis. Except as delegated in paragraphs (c)(i)(A) and (B) of this section, submit any request for a national interest waiver to the Director of Defense Procurement and Acquisition Policy and Acquisition Policy in accordance with department or agency procedures. Include supporting rationale with the request.
(A) The
head of the contracting activity may approve a national interest waiver for a
purchase by an overseas purchasing activity, if the waiver is supported by a
written statement from the requiring activity that the products being acquired
are critical for the support of
(B) The
Commander or Director,
225.408 Procedures.
(a)(4) The requirements
of FAR 25.408(a)(4), on submission of offers in U.S. dollars, do not apply to overseas
acquisitions or to