FAR 52.225-1 - Buy American-Supplies
Prescribed in 25.1101(a)(1) | ||
Effective Date: | 1 May 2014 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | 52.225-1 - Buy American-Supplies | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | Time and Materials/Labor Hour; 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 | |
Optional: | Utility Services; Facilities; Dismantling, Demolition or Removal of Improvements; Fixed Price, Construction; Cost Reimbursement, Construction | |
Subject: | Buy American | |
ProcurementType: | ||
Contract Threshold: | ||
Prescription Overview: |
PrescriptionThe 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—
(1)
(2)
(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. | |
Clause Overview: |
ClauseThe 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) DefinitionsAs used in this clause— “Commercially available off-the-shelf (COTS) item”— (1) Means any item of supply (including construction material) that is—
(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— (3) 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 (4) 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) An unmanufactured end product mined or produced in the United States; (2) An end product manufactured in the United States, if—
“End product” means those articles, materials, and supplies to be acquired under the contract for public use. “Foreign end product” means an end product other than a domestic end product. “United States” means the 50 States, the District of Columbia, and outlying areas.
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Important Notes/Requirements: |
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. | |
Subcontract Threshold: | ||
Incorporated by Reference: | Yes | |
Uniform Contract Format: | I | |
Editor: | Marshall |
Personal notes.
Split Thresholds