Difference between revisions of "DFARS 252.225-7021 Trade Agreements"
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− | + | '''“Designated country” means—''' | |
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− | + | :(i) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, 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, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu” (Chinese Taipei)), or the United Kingdom); | |
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− | + | :(ii) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Peru, or Singapore); | |
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− | + | :(iii) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, 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 | |
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− | + | :(iv) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). | |
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− | + | '''“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 Caribbean Basin country end product. | |
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− | + | '''“End product”''' means those articles, materials, and supplies to be acquired under this contract for public use. | |
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− | + | '''“Free Trade Agreement country end product”''' means an article that— | |
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− | + | :(i) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or | |
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− | + | :(ii) In the case of an article 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 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. | |
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− | + | '''“Least developed country end product”''' means an article that— | |
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− | + | :(i) Is wholly the growth, product, or manufacture of a least developed country; or | |
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− | + | :(ii) In the case of an article 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 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. | |
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− | + | '''“Nondesignated country end product”''' means any end product that is not a U.S.-made end product or a designated country end product. | |
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− | + | '''“Qualifying country”''' means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: | |
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+ | :Australia | ||
− | + | :Austria | |
− | + | :Belgium | |
− | + | :Canada | |
− | + | :Czech Republic | |
− | + | :Denmark | |
− | + | :Egypt | |
− | + | :Finland | |
− | + | :France | |
− | + | :Germany | |
− | + | :Greece | |
− | + | :Israel | |
− | + | :Italy | |
− | + | :Luxembourg | |
− | + | :Netherlands | |
− | + | :Norway | |
− | + | :Poland | |
− | + | :Portugal | |
− | + | :Spain | |
− | + | :Sweden | |
− | + | :Switzerland | |
− | + | :Turkey | |
− | + | :United Kingdom of Great Britain and Northern Ireland. | |
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− | + | '''“Qualifying country end product”''' means— | |
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− | + | :(i) An unmanufactured end product mined or produced in a qualifying country; or | |
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− | + | :(ii) An end product manufactured in a qualifying country if— | |
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− | + | ::(A) The cost of the following types of components exceeds 50 percent of the cost of all its components: | |
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− | + | :::(1) Components mined, produced, or manufactured in a qualifying country. | |
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− | + | :::(2) Components mined, produced, or manufactured in the United States. | |
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− | + | :::(3) 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 United States; or | |
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− | + | ::(B) The end product is a COTS item. | |
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− | + | '''“South Caucasus/Central and South Asian (SC/CASA) state”''' means Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, or Uzbekistan. | |
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− | + | '''“South Caucasus/Central and South Asian (SC/CASA) state end product”''' means an article that— | |
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− | + | ::(i) Is wholly the growth, product, or manufacture of an SC/CASA state; or | |
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− | + | ::(ii) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in an SC/CASA state 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. | |
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− | + | '''“United States”''' means the 50 States, the District of Columbia, and outlying areas. | |
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− | + | '''“U.S.-made end product”''' means an article that— | |
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− | + | :(i) Is mined, produced, or manufactured in the United States; or | |
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− | + | :(ii) Is substantially transformed in the United States 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. | |
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− | + | '''“WTO GPA country end product”''' means an article that— | |
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− | + | :(i) Is wholly the growth, product, or manufacture of a WTO GPA country; or | |
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− | + | :(ii) In the case of an article 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 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. | |
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− | + | '''(b)''' Unless otherwise specified, this clause applies to all items in the Schedule. | |
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− | + | '''(c)''' The Contractor shall deliver under this contract only U.S.-made, qualifying country, SC/CASA state, or designated country end products unless— | |
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− | + | (1) In its offer, the Contractor specified delivery of other nondesignated country end products in the Trade Agreements Certificate provision of the solicitation; and | |
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+ | (2) | ||
− | + | :(i) Offers of U.S.-made, qualifying country, SC/CASA state, or designated 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. | |
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− | + | '''(d)''' If the Contractor is from an SC/CASA state, the Contractor shall inform its government of its participation in this acquisition and that it generally will not have such opportunity in the future unless its government provides reciprocal procurement opportunities to U.S. products and services and suppliers of such products and services. | |
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− | + | '''(e)''' The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry. | |
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− | + | '''(f)''' The HTSUS is available on the Internet at http://www.usitc.gov/tata/hts/bychapter/index.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: | |
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− | + | (1) General Note 3(c), Products Eligible for Special Tariff Treatment. | |
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− | + | (2) General Note 17, Products of Countries Designated as Beneficiary Countries Under the United States—Caribbean Basin Trade Partnership Act of 2000. | |
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− | + | (3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note 7(b). | |
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− | + | (4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits Under the United States—Caribbean Basin Trade Partnership Act. | |
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|ImportantNotesRequirements=[[Category:DFARS 252 - Solicitation Provisions and Contract Clauses]] | |ImportantNotesRequirements=[[Category:DFARS 252 - Solicitation Provisions and Contract Clauses]] | ||
|IncorporatedbyReference=Yes | |IncorporatedbyReference=Yes | ||
|Editor=Marshall | |Editor=Marshall | ||
}} | }} |
Revision as of 15:11, 17 February 2015
Prescribed in 225.1101(6) | ||
Effective Date: | 1 November 2014 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | S 252.225-7021 Trade Agreements | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | ||
Optional: | ||
Subject: | ||
ProcurementType: | ||
Contract Threshold: | ||
Prescription Overview: |
Prescription | |
Clause Overview: |
ClauseTRADE AGREEMENTS—BASIC (NOV 2014)(a) Definitions As used in this clause—
Alternate I ReservedAlternate IIAs prescribed in 225.1101(6)(ii), use the following clause, which adds “South Caucasus/Central and South Asian (SC/CASA) state” and “South Caucasus/Central and South Asian (SC/CASA) state end product” to paragraph (a); (ii) uses a different paragraph (c) than the basic clause; (iii) adds a new paragraph (d); and (iv) includes paragraphs (e) and (f) which are the same paragraphs (d) and (e) of the basic clause:
TRADE AGREEMENTS—ALTERNATE II (NOV 2014)(a) Definitions As used in this clause—
| |
Important Notes/Requirements: | ||
Subcontract Threshold: | ||
Incorporated by Reference: | Yes | |
Uniform Contract Format: | ||
Editor: | Marshall |
Personal notes.