DFARS 252.225-7036 Buy American—Free Trade Agreements--Balance of Payments Alt IV (Dec 2017) (Current)

As prescribed in 225.1101(10)(i) and (10)(i)(E), except as provided in paragraph (10)(ii) of this section, use the basic or an alternate of the clause at 252.225-7036, Buy American—Free Trade Agreements— Balance of Payments Program, instead of the clause at FAR 52.225-3, Buy American—Free Trade Agreements–Israeli Trade Act, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for the items listed at 225.401-70, when the estimated value equals or exceeds $25,000, but is less than $180,000, unless an exception at FAR 25.401 or 225.401 applies.

As prescribed in 225.1101(10)(i)(E), use the alternate IV clause in solicitations and contracts when the estimated value equals or exceeds $80,317 but is less than $100,000, except if the acquisition is of end products in support of operations in Afghanistan.

BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS PROGRAM—ALTERNATE IV (DEC 2017)

      (a)  Definitions.  As used in this clause—

      “Bahrainian end product” means an article that—

              (i)  Is wholly the growth, product, or manufacture of Bahrain; or

              (ii)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain 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.

      “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.

      “Free Trade Agreement country” means Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, or Singapore;

      “Free Trade Agreement country end product” means an article that—

              (i)  Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or

              (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.

      “Korean end product” means an article that—

              (i)  Is wholly the growth, product, or manufacture of Korea; or

              (ii)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Korea (Republic of) 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.

      “Moroccan end product” means an article that—

              (i)  Is wholly the growth, product, or manufacture of Morocco; or

              (ii)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Morocco 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.

      “Panamanian end product” means an article that—

              (i)  Is wholly the growth, product, or manufacture of Panama; or

              (ii)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Panama 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.

      “Peruvian end product” means an article that—

              (i)  Is wholly the growth, product, or manufacture of Peru; or

              (ii)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Peru 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.

      “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)  Unless otherwise specified, this clause applies to all items in the Schedule.

      (c)  The Contractor shall deliver under this contract only domestic end products unless, in its offer, it specified delivery of qualifying country end products, Free Trade Agreement country end products other than Bahrainian end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products, or other foreign end products in the Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate IV provision of the solicitation. If the Contractor certified in its offer that it will deliver a qualifying country end product or a Free Trade Agreement country end product other than a Bahrainian end product, a Korean end product, a Moroccan end product, a Panamanian end product, or a Peruvian end product, the Contractor shall deliver a qualifying country end product, a Free Trade Agreement country end product other than a Bahrainian end product, a Korean end product, a Moroccan end product, a Panamanian end product, or a Peruvian 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;
  DFARS 212.301 (Applies to items listed at 225.401-70.);
✔ >52.225-3 Basic
✔ >52.225-3 Alt I
✔ >52.225-3 Alt III
✔ >52.225-3 Alt II
✔ +252.225-7001 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.

52.211-18 Variation in Estimated 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

52.246-26 Reporting Nonconforming Items.

52.204-26 Covered Telecommunications Equipment or Services—Representation.

252.225-7017 Photovoltaic Devices.

252.225-7021 Trade Agreements.

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

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

252.211-7006 Passive Radio Frequency Identification.

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.

252.217-7001 Surge Option.

252.217-7026 Identification of Sources of Supply.

252.225-7001 Buy American and Balance of Payments Program.

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).

252.235-7011 Final Scientific or Technical Report.

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.

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)

5252.225-9506 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)

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)

3052.217-98 Delays (USCG).

5352.217-9000 Long Lead Limitation of Government Liability

5152.225-5914 Commodity Shipping Instructions

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

5152.247-5900 Inbound/Outbound Cargo and Contractor Equipment Census

552.211-10 Commencement, Prosecution, and Completion of Work.

552.236-11 Use and Possession Prior to Completion.

552.236-15 Schedules for Construction Contracts.

552.236-21 Specifications and Drawings for Construction.

552.238-86 Delivery Schedule.

552.238-87 Delivery Prices.

552.238-89 Deliveries to the U.S. Postal Service.

552.238-90 Characteristics of Electric Current.

552.238-91 Marking and Documentation Requirements for Shipping.

552.238-92 Vendor Managed Inventory (VMI) Program.

552.238-94 Accelerated Delivery Requirements.

552.238-95 Separate Charge for Performance Oriented Packaging (POP).

552.238-96 Separate Charge for Delivery within Consignee's Premises.

552.238-97 Parts and Service.

552.238-99 Delivery Prices Overseas.

552.238-100 Transshipments.

552.238-107 Export Traffic Release (Supplies).

552.238-108 Spare Parts Kit.

552.238-109 Authentication Supplies and Services.

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

552.238-111 Environmental Protection Agency Registration Requirement.

552.211-13 Time Extensions.

552.211-70 Substantial Completion.

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).

Working with a set of FAR clauses from an RFP or contract?

Try pasting them into our tool to instantly generate a risk profile, including the basic flow down recommendation.

Info

Works best with Chrome and Edge browsers!