DFARS 252.225-7001 Buy American and Balance of Payments Program. Basic (Dec 2017)

As prescribed in 225.1101(2)(i) and (2)(ii), use the basic or the alternate of the clause at 252.225-7001, Buy American and Balance of Payments Program, instead of the clause at FAR 52.225-1, Buy American—Supplies, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, unless—
                     (A)  All line items will be acquired from a particular source or sources under the authority of FAR 6.302-3;
                     (B)  All line items require domestic or qualifying country end products in accordance with subpart 225.70, but note that this exception does not apply if subpart 225.70 only requires manufacture of the end product in the United States or in the United States or Canada, without a corresponding requirement for use of domestic components;
                     (C)  The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies, e.g., nonavailability or public interest (see FAR 25.103 and 225.103);
                     (D)  The acquisition is for supplies for use outside the United States and an exception to the Balance of Payments Program applies (see 225.7501);
                     (E)  One or more of the basic or the alternates of the following clauses will apply to all line items in the contract:
                           (1252.225-7021, Trade Agreements.
                           (2)   252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program; or
                     (F)  All line items will be acquired using a procedure specified in 225.7703-1(a).
              (ii)  Use the basic clause if the acquisition is not of end products listed in 225.401-70 in support of operations in Afghanistan.
              (iii)  Use the alternate I clause when the acquisition is of end products listed in 225.401-70 in support of operations in Afghanistan.

BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2017)

      (a)  Definitions.  As used in this clause—

              “Commercially available off-the-shelf (COTS) item”—

                    (i)  Means any item of supply (including construction material) that is—

                            (A)  A commercial item (as defined in paragraph (1) of the definition of “commercial item” in section 2.101 of the Federal Acquisition Regulation);

                            (B)  Sold in substantial quantities in the commercial marketplace; and

                            (C)  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

                    (ii)  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.

              “Domestic end product” means—

                    (i)  An unmanufactured end product that has been mined or produced in the United States; or

                    (ii)  An end product manufactured in the United States if—

                            (A)  The cost of its qualifying country components and its components that are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.  The cost of components includes transportation costs to the place of incorporation into the end product and U.S. duty (whether or not a duty-free entry certificate is issued).  Scrap generated, collected, and prepared for processing in the United States is considered domestic.  A component is considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that—

                                    (1)  Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States; or
                                   (2)  It is inconsistent with the public interest to apply the restrictions of the Buy American statute; or

                            (B)  The end product is a COTS item.

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

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

              “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:

              Australia
              Austria
              Belgium
              Canada
              Czech Republic
              Denmark
              Egypt
              Estonia
              Finland
              France
              Germany
              Greece
              Israel
              Italy
              Japan
              Latvia
              Luxembourg
              Netherlands
              Norway
              Poland
              Portugal
              Slovenia
              Spain
              Sweden
              Switzerland
              Turkey
              United Kingdom of Great Britain and Northern Ireland.

              “Qualifying country component” means a component mined, produced, or manufactured in a qualifying country.

              “Qualifying country end product” means—

                    (i)  An unmanufactured end product mined or produced in a qualifying country; or

                    (ii)  An end product manufactured in a qualifying country if—

                            (A)  The cost of the following types of components exceeds 50 percent of the cost of all its components:

                                    (1)  Components mined, produced, or manufactured in a qualifying country.

                                    (2)  Components mined, produced, or manufactured in the United States.

                                    (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

                            (B)  The end product is a COTS item.

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

      (b)  This clause implements 41 U.S.C chapter 83, Buy American. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (see section 12.505(a)(1) of the Federal Acquisition Regulation). Unless otherwise specified, this clause applies to all line items in the contract.

      (c)  The Contractor shall deliver only domestic end products unless, in its offer, it specified delivery of other end products in the Buy American—Balance of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that it will deliver a qualifying country end product, the Contractor shall deliver a qualifying country end product or, at the Contractor’s option, a domestic end product.

      (d)  The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry.

(End of clause)

NONE

Prime’s Interest;
Services ✖   DFARS 212.301 
✔ >52.225-1 Basic ⚠ <>252.225-7021 Basic ⚠ <>252.225-7021 Alt II ⚠ <>252.225-7021 Alt I ⚠ <>252.225-7036 Alt V ⚠ <>252.225-7036 Alt IV ⚠ <>252.225-7036 Basic ⚠ <>252.225-7036 Alt I ⚠ <>252.225-7036 Alt II ⚠ <>252.225-7036 Alt III ✔ +252.225-7002 Basic

52.209-1 Qualification Requirements.

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use.

52.211-16 Variation in Quantity.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products.

52.225-1 Buy American—Supplies

52.225-11 Buy American—Construction Materials under Trade Agreements.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.

52.225-3 Buy American—Free Trade Agreements-Israeli Trade Act.

52.225-5 Trade Agreements.

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

52.225-8 Duty-Free Entry.

52.225-9 Buy American—Construction Materials.

52.227-19 Commercial Computer Software License.

52.227-20 Rights in Data—SBIR Program.

52.246-11 Higher-Level Contract Quality Requirement.

52.246-15 Certificate of Conformance.

52.247-36 F.a.s. Vessel, Port of Shipment.

52.247-37 F.o.b. Vessel, Port of Shipment.

52.247-38 F.o.b. Inland Carrier, Point of Exportation.

52.247-39 F.o.b. Inland Point, Country of Importation.

52.247-40 Ex Dock, Pier, or Warehouse, Port of Importation.

52.247-41 C.&F. Destination.

52.247-42 C.i.f. Destination.

52.247-43 F.o.b. Designated Air Carrier’s Terminal, Point of Exportation.

52.247-44 F.o.b. Designated Air Carrier’s Terminal, Point of Importation.

52.247-51 Evaluation of Export Offers.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten.

252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material.

252.217-7001 Surge Option.

252.217-7026 Identification of Sources of Supply.

252.225-7013 Duty-Free Entry.

252.225-7018 Photovoltaic Devices—Certificate.

252.225-7038 Restriction on Acquisition of Air Circuit Breakers.

252.225-7044 Balance of Payments Program--Construction Material.

252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements.

252.229-7001 Tax Relief.

252.229-7002 Customs Exemptions (Germany).

252.239-7017 Notice of Supply Chain Risk.

252.239-7018 Supply Chain Risk.

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.

252.225-7017 Photovoltaic Devices.

252.225-7021 Trade Agreements.

252.225-7036 Buy American—Free Trade Agreements--Balance of Payments

1852.225-8 Duty-Free Entry of Space Articles.

1852.235-73 Final Scientific and Technical Reports.

1852.242-73 NASA Contractor Financial Management Reporting.

1852.245-73 Financial reporting of NASA property in the custody of contractors.

1852.246-71 Government Contract Quality Assurance.

1852.247-73 Bills of Lading.

5252.211-9507 PERIOD OF PERFORMANCE (NAVAIR)

5252.216-9506 MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999)

5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.247-9517 PACKAGING REQUIREMENTS FOR SHIPMENTS CONTAINING NON-MANUFACTURED WOOD PACKING MATERIALS (NAVAIR) (FEB 2002)

5252.204-9501 National Stock Numbers (NAVAIR) (Mar 2007)

5252.247-9507 Packaging and Marking of Reports (NAVAIR)

5252.247-9508 Prohibited Packing Materials (NAVAIR)

5252.247-9509 Preservation, Packaging, Packing, and Marking (NAVAIR) (Jul 1998)

5252.247-9510 Preservation, Packaging, Packing, and Marking for Foreign Military Sales (FMS) Requirements (NAVAIR) (Oct 2005)

5252.247-9514 Technical Data Packing Instructions (NAVAIR)

5252.225-9506 VERIFICATION OF "SHIP TO" AND/OR "NOTICE OF AVAILABILITY" ADDRESS (NAVAIR)

5252.246-9517 CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR)

5252.232-9522 TRANSPORTATION ACCOUNT CODES (NAVAIR)

5352.217-9000 Long Lead Limitation of Government Liability

5152.247-5900 Inbound/Outbound Cargo and Contractor Equipment Census

5152.225-5914 Commodity Shipping Instructions

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

552.211-13 Time Extensions.

552.211-73 Marking.

552.211-75 Preservation, Packaging and Packing.

552.211-76 Charges for Packaging , Packing, and Marking.

552.211-77 Packing List.

552.211-79 Acceptable Age of Supplies.

552.211-80 Age on Delivery.

552.211-81 Time of Shipment.

552.211-83 Availability for Inspection, Testing, and Shipment/Delivery.

552.211-85 Consistent Pack and Package Requirements.

552.211-86 Maximum Weight per Shipping Container.

552.211-87 Export Packing.

552.211-88 Vehicle Export Preparation.

552.211-89 Non-Manufactured Wood Packaging Material for Export.

552.211-90 Small Parts.

552.211-91 Vehicle Decals, Stickers, and Data Plates.

552.211-92 Radio Frequency Identification (RFID) Using Passive Tags.

552.211-94 Time of Delivery.

552.242-70 Status Report of Orders and Shipments.

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.246-71 Source Inspection by Government.

552.246-72 Final Inspection and Tests.

552.246-77 Additional Contract Warranty Provisions for Supplies of a Noncomplex Nature.

552.246-78 Inspection at Destination.

652.247-70 Notice of Shipments.

652.247-71 Shipping Instructions

752.247-70 Preference for privately owned U.S.-flag commercial vessels.

952.211-70 Priorities and allocations for energy programs (solicitations).

952.211-71 Priorities and allocations for energy programs (contracts).

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