Section 252.225-7001 - Buy American and Balance of Payments ProgramBasic. As prescribed in 225.1101(1) and (1)(i), use the following provision:
Buy American-Balance of Payments Program Certificate-Basic (FEB 2024)
(a)Definitions. Commercially available off-the-shelf (COTS) item, component, critical component, critical item, domestic end product, foreign end product, qualifying country, qualifying country end product, and United States, as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments Program-Basic clause of this solicitation.(b)Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.(c)Certifications and identification of country of origin.(1) For all line items subject to the Buy American and Balance of Payments Program-Basic clause of this solicitation, the Offeror certifies that-(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".(2) The Offeror certifies that the following end products are qualifying country end products: | Line item No. | Country of origin |
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(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no". | Line item No. | Country of origin
(if known) | Exceeds 55% domestic content
(yes/no) |
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(4) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item (see Federal Acquisition Regulation 25.105). Domestic end products containing a critical component or a critical item: Line Item Number [List as necessary]
(End of provision)
Alternate I. As prescribed in 225.1101(1) and (1)(ii), use the following provision, which adds South Caucasus/Central and South Asian (SC/CASA) state and South Caucasus/Central and South Asian (SC/CASA) state end product in paragraph (a), and replaces "qualifying country end products" in paragraphs (b)(2) and (c)(2) with "qualifying country end products or SC/CASA state end products":
Buy American-Balance of Payments Program Certificate-Alternate I (Feb 2024)
(a)Definitions. Commercially available off-the-shelf (COTS) item, component, critical component, critical item, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments Program-Alternate I clause of this solicitation.(b)Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and(2) Will evaluate offers of qualifying country end products or SC/CASA state end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.(c)Certifications and identification of country of origin.(1) For all line items subject to the Buy American and Balance of Payments Program-Alternate I clause of this solicitation, the Offeror certifies that- (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".(2) The Offeror certifies that the following end products are qualifying country end products or SC/CASA state end products: | Line item No. | Country of origin |
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(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no". | Line item No. | Country of origin
(if known) | Exceeds 55% domestic content
(yes/no) |
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(4) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item (see Federal Acquisition Regulation 25.105). Domestic end products containing a critical component or a critical item: Line Item Number [List as necessary].
(End of provision)
68 FR 15634 , Mar. 31, 2003, as amended at 70 FR 35546 , June 21, 2005; 74 FR 2423 , Jan. 15, 2009; 75 FR 81918 , Dec. 29, 2010; 76 FR 58138 , Sept. 20, 2011; 77 FR 35882 , June 15, 2012; 77 FR 76942 , Dec. 31, 2012; 79 FR 3520 , Jan. 22, 2014; 79 FR 65819 , Nov. 5, 2014; 80 FR 36899 , June 26, 2015; 81 FR 50651 , Aug. 2, 2016; 81 FR 93840 , Dec. 22, 2016; 82 FR 61484 , Dec. 28, 2017; 87 FR 37443 , June 23, 2022; 88 FR 6591 , Jan. 31, 2023; 89 FR 11957 , Feb. 15, 2024 81 FR 50651, 8/2/2016; 81 FR 93840, 12/22/2016; 82 FR 61484, 12/28/2017; 87 FR 15816, 3/18/2022; 87 FR 37443, 6/23/2022; 88 FR 6591, 1/31/2023; 89 FR 11957, 2/15/2024