Buy American, Trade Agreements, and Duty-Free Entry- FAR Sections Affected: 52.225-2, 52.225-4, 52.225-6, 52.225-8, 52.225-9, 52.225-10, 52.225-11, 52.225-12, 52.225-21, and 52.225-23

This clearance covers the information that an offeror must submit in response to the requirements of the provisions and clauses in FAR part 25 that relate to the following: * The Buy American statute (41 U.S.C. chapter 83) and Executive Orders 10582 and 14005. * The Trade Agreements Act (19 U.S.C. 2501-2515), including the World Trade Organization Government Procurement Agreement and various free trade agreements. * The American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act). * Subchapters VIII and X of Chapter 98 of the Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202). a. FAR 52.225-2, Buy American Certificate. This provision requires the offeror to identify in its proposal supplies that do not meet the definition of domestic end product and whether those supplies exceed 55% domestic content. This provision also requires offerors to identify in its proposal domestic end products that contain a critical component. b. FAR 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. This provision requires a separate list of foreign products that are eligible under a trade agreement, and a list of all other foreign end products and whether those supplies exceed 55% domestic content. This provision also requires offerors to identify in its proposal domestic end products that contain a critical component. c. FAR 52.225-6, Trade Agreements Certificate. This provision requires the offeror to certify that all end products are either U.S.-made or designated country end products, except as listed in paragraph (b) of the provision. Offerors are not allowed to provide other than a U.S.-made or designated country end product, unless the requirement is waived. d. FAR 52.225-8, Duty-Free Entry. This clause requires contractors to notify the contracting officer when they purchase foreign supplies, in order to determine whether the supplies should be duty-free. The notice shall identify the foreign supplies, estimate the amount of duty, and the country of origin. The contractor is not required to identify foreign supplies that are identical in nature to items purchased by the contractor or any subcontractor in connection with its commercial business, and segregation of these supplies to ensure use only on Government contracts containing duty-free entry provisions is not economical or feasible. In addition, all shipping documents and containers must specify certain information to assure the duty-free entry of the supplies. e. Construction provisions and clauses: ● FAR 52.225-9, Buy American—Construction Materials ● FAR 52.225-10, Notice of Buy American Requirement—Construction Materials ● FAR 52.225-11, Buy American-Construction Materials Under Trade Agreements ● FAR 52.225-12, Notice of Buy American Requirement—Construction Materials under Trade Agreements ● FAR 52.225-21, Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials ● FAR 52.225-23, Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials Under Trade Agreements The listed provisions and clauses provide that an offeror or contractor requesting to use foreign construction material due to unreasonable cost of domestic construction material shall provide adequate information to permit evaluation of the request.

The latest form for Buy American, Trade Agreements, and Duty-Free Entry- FAR Sections Affected: 52.225-2, 52.225-4, 52.225-6, 52.225-8, 52.225-9, 52.225-10, 52.225-11, 52.225-12, 52.225-21, and 52.225-23 expires 2029-04-30 and can be found here.