DFARS 252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements. Basic (Sep 2016)

As prescribed in 225.7503(b) and (b)(1), use the basic or an alternate of the clause at 252.225-7045, Balance of Payments Program—Construction Material Under Trade Agreements, in solicitations and contracts for construction to be performed outside the United States with an estimated value of $7,358,000 or more, including acquisitions of commercial items or components. (1) Use the basic clause in solicitations and contracts with an estimated value of $10,079,365 or more, unless the acquisition is in support of operations in Afghanistan. (2) Use the alternate I clause in solicitations and contracts with an estimated value of $7,358,000 or more, but less than $10,079,365 unless the acquisition is in support of operations in Afghanistan.
(3) Use the alternate II clause in solicitations and contracts with an estimated value of $10,079,365 or more and is in support of operations in Afghanistan. (4) Use the alternate III clause in solicitations and contracts with an estimated value of $7,358,000 or more, but less than $10,079,365, and is in support of operations in Afghanistan.

BALANCE OF PAYMENTS PROGRAM—CONSTRUCTION MATERIAL UNDER TRADE AGREEMENTS—BASIC (SEP 2016)

      (a)  Definitions.  As used in this clause—

      “Caribbean Basin country construction material” means a construction material that—

              (i)  Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

              (ii)  In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

      “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 section 3 of the Shipping Act of 1984 (46 U.S.C. 40102), such as agricultural products and petroleum products.

      “Component” means any article, material, or supply incorporated directly into construction material.

      “Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.  The term also includes an item brought to the site preassembled from articles, materials, or supplies.  However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.  Materials purchased directly by the Government are supplies, not construction material.

      “Cost of components” means—

              (i)  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

              (ii)  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 construction material.

       “Designated country” means—

           (i)  A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, 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, Moldova, Montenegro, Netherlands, New Zealand, 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)), Ukraine, or the United Kingdom);

              (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, Panama, Peru, or Singapore);

              (iii)  A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

              (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).

      “Designated country construction material” means a construction material that is a WTO GPA country construction material, a Free Trade Agreement country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

      “Domestic construction material” means—

              (i)  An unmanufactured construction material mined or produced in the United States; or

              (ii)  A construction material manufactured in the United States, if—

                    (A)  The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

                    (B)  The construction material is a COTS item.

      “Free Trade Agreement country construction material” means a construction material that—

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

              (ii)  In the case of a construction material 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 construction material distinct from the material from which it was transformed.

      “Least developed country construction material” means a construction material that—

              (i)  Is wholly the growth, product, or manufacture of a least developed country; or

              (ii)  In the case of a construction material 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 construction material distinct from the materials from which it was transformed.

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

      “WTO GPA country construction material” means a construction material that—

              (i)  Is wholly the growth, product, or manufacture of a WTO GPA country; or

              (ii)  In the case of a construction material 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 construction material distinct from the materials from which it was transformed.

      (b)  This clause implements the Balance of Payments Program by providing a preference for domestic construction material.  In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements apply to this acquisition.  Therefore, the Balance of Payments Program restrictions are waived for designated country construction materials.

      (c)  The Contractor shall use only domestic or designated country construction material in performing this contract, except for--

              (1)  Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation;

              (2)  Information technology that is a commercial item; or

              (3)  The construction material or components listed by the Government as follows:

_________________________________________________________________________________

      [Contracting Officer to list applicable excepted materials or indicate “none”]

(End of clause)

NONE

Prime’s Interest;
Services ✖ Supplies ✖ Domestic ✖ Construction ✔ Architect-Eng ✖ 

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.

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

52.225-1 Buy American—Supplies

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.

52.246-15 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.

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.

252.225-7001 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.

252.229-7001 Tax Relief.

252.229-7002 Customs Exemptions (Germany).

252.247-7021 Returnable Containers Other Than Cylinders.

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.

1852.247-73 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

5152.225-5914 Commodity Shipping Instructions

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

5152.247-5900 Inbound/Outbound Cargo and Contractor Equipment Census

552.211-73 Marking.

552.211-75 Preservation, Packaging and Packing.

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

552.211-77 Packing List.

552.211-80 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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