FAR 52.225-7 - Waiver of Buy American Statute for Civil Aircraft and Related Articles

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Contents

Prescribed in 25.1101(d)

Effective Date:1 May 2014
Clause or Provision:Provision
Provision or Clause Number: 52.225-7 - Waiver of Buy American Statute for Civil Aircraft and Related Articles
Principle Type And/Or Purpose of Contract:
Required:
Applicable:Time and Materials/Labor Hour; Fixed Price, Supply; Cost Reimbursement, Supply; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Simplified Acquisition Procedures (Excludes Micro-Purchase); Commercial Items
Optional:Utility Services; Facilities; Dismantling, Demolition or Removal of Improvements; Fixed Price, Construction; Cost Reimbursement, Construction; Fixed Price, Service; Cost Reimbursement, Service
Subject:Buy American
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

(d) Insert the provision at 52.225-7, Waiver of Buy American statute for Civil Aircraft and Related Articles, in solicitations for civil aircraft and related articles (see 25.407), if the acquisition value is less than $204,000.

Clause Overview:

Provision

(a) Definition

“Civil aircraft and related articles,” as used in this provision, means—

  • (1) All aircraft other than aircraft to be purchased for use by the Department of Defense or the U.S. Coast Guard;
  • (2) The engines (and parts and components for incorporation into the engines) of these aircraft;
  • (3) Any other parts, components, and subassemblies for incorporation into the aircraft; and
  • (4) Any ground flight simulators, and parts and components of these simulators, for use with respect to the aircraft, whether to be used as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of the aircraft, and without regard to whether the aircraft or articles receive duty-free treatment under section 601(a)(2) of the Trade Agreements Act.


Waiver

(b) The U.S. Trade Representative has waived the Buy American statute for acquisitions of civil aircraft and related articles from countries that are parties to the Agreement on Trade in Civil Aircraft. Those countries are Albania, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Macao China, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan (Chinese Taipei), and the United Kingdom.

Article

(c) For the purpose of this waiver, an article is a product of a country only if—

  • (1) It is wholly the growth, product, or manufacture of that country; or
  • (2) In the case of an article that consists in whole or in part of materials from another country, it has been substantially transformed 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.


Subject to Modification or Withdrawal

(d) The waiver is subject to modification or withdrawal by the U.S. Trade Representative.

Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:L
Editor:Marshall

Personal notes.

value is less than $204, new threshold

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