View source for FAR 52.225-1 - Buy American-Supplies

{{ContractClause
|EffectiveDate=2014/05/01
|ClauseorProvision=Clause
|Prescribedin=25.1101(a)(1)
|TypePurposeContract=Time and Materials/Labor Hour -A
|TypeofContractApplicable=Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Simplified Acquisition Procedures (Excludes Micro-Purchase); Commercial Items
|TypeofContractOptional=Utility Services; Facilities; Dismantling, Demolition or Removal of Improvements; Fixed Price, Construction; Cost Reimbursement, Construction
|CCSubject=Buy American
|PrescriptionOverview===Prescription==

The following provisions and clauses apply to the acquisition of supplies and the acquisition of services involving the furnishing of supplies. 

'''(a)'''
(1) Insert the clause at 52.225-1, Buy American—Supplies, in solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $25,000; and in solicitations and contracts with a value exceeding $25,000, if none of the clauses prescribed in paragraphs (b) and (c) of this section apply, except if— 

:(i) The solicitation is restricted to domestic end products in accordance with Subpart 6.3; 

:(ii) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies (e.g., nonavailability, public interest, or information technology that is a commercial item); or 

:(iii) The acquisition is for supplies for use outside the United States.


'''(b)'''(1)

:(i) Insert the clause at 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, in solicitations and contracts if—

::(A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the acquisition value is $25,000 or more, but is less than $204,000;

::(B) The acquisition is not for information technology that is a commercial item, using fiscal year 2004 or subsequent fiscal year funds; and

::(C) No exception in 25.401 applies. For acquisitions of agencies not subject to the Israeli Trade Act (see 25.406), see agency regulations.

:(ii) If the acquisition value is $25,000 or more but is less than $50,000, use the clause with its Alternate I.

:(iii) If the acquisition value is $50,000 or more but is less than $79,507, use the clause with its Alternate II.

:(iv) If the acquisition value is $79,507 or more but is less than $100,000, use the clause with its Alternate III.

'''(2)'''
:(i) Insert the provision at 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate, in solicitations containing the clause at 52.225-3.

:(ii) If the acquisition value is $25,000 or more but is less than $50,000, use the provision with its Alternate I.

:(iii) If the acquisition value is $50,000 or more but is less than $79,507, use the provision with its Alternate II.

:(iv) If the acquisition value is $79,507 or more, but is less than $100,000, use the provision with its Alternate III.

'''(c)'''(1) Insert the clause at 52.225-5, Trade Agreements, in solicitations and contracts valued at $204,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products. If the agency has not made such a determination, the contracting officer must follow agency procedures.

'''(2)''' Insert the provision at 52.225-6, Trade Agreements Certificate, in solicitations containing the clause at 52.225-5.
|FARClauseOverview===Clause==
The Buy American Act provides a preference for domestic end products for supplies acquired for the U.S. Government.  The component test of the Act is waived for an end product that is a COTS items.

==(a) Definitions==
As used in this clause— 

“'''Commercially available off-the-shelf (COTS) item'''”
 
(1) Means any item of supply (including construction material) that is— 

:(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); 

:(ii) Sold in substantial quantities in the commercial marketplace; and 

:(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and 

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. 

'''“Component”''' means an article, material, or supply incorporated directly into an end product. 

'''“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 end product. 

'''“Domestic end product”''' means— 

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-

*(i) An unmanufactured end product mined or produced in the United States;

*(ii) An end product manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

==Preference==
(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

==Foreign Articles==
(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

==Requirements==
(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

(End of clause)

==Alternate I (Oct 2022)==
 
As prescribed in 25.1101 (a)(1)(ii) substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of “domestic end product” in paragraph (a):

(A) The cost of its components mined, produced, or manufactured in the United States exceeds __ percent of the cost of all its components. [ Contracting officer to insert the percentage. ]
|ImportantNotesRequirements=If award involves substantial delivery of supplies, exercise care in understanding and accepting this clause and its requirements.  If it applies, then get required information (e.g.,  list of foreign articles that the Contracting Officer will treat as domestic for this contract) and document in writing.  

[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]]
|IncorporatedbyReference=Yes
|UniformContractFormat=I
|Editor=Marshall
|ProvisionClauseNumberAlternate=52.225-1
|ProvisionClauseDescription=Buy American Act–Supplies.
|Checked=no
|HasTermDate=2014/03/31
|ProvisionClauseNumber=52.225-1
|RegulationSection=25
|FunctionalTopicalArea=
|FARCitation=
|ImportantCaseLaw=
|FlowClauses=
}}
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