U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            FAR
                            52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.
        
                  FAR
FAR
FAC Number: 2024-03 Effective Date: 02/23/2024
PartPart 1Part 2Part 3Part 4Part 5Part 6Part 7Part 8Part 9Part 10Part 11Part 12Part 13Part 14Part 15Part 16Part 17Part 18Part 19Part 20Part 21Part 22Part 23Part 24Part 25Part 26Part 27Part 28Part 29Part 30Part 31Part 32Part 33Part 34Part 35Part 36Part 37Part 38Part 39Part 40Part 41Part 42Part 43Part 44Part 45Part 46Part 47Part 48Part 49Part 50Part 51Part 52Part 53
Subpart52.052.152.252.3
Section52.20052.20152.20252.20352.20452.20552.20652.20752.20852.20952.21052.21152.21252.21352.21452.21552.21652.21752.21852.21952.22052.22152.22252.22352.22452.22552.22652.22752.22852.22952.23052.23152.23252.23352.23452.23552.23652.23752.23852.23952.24052.24152.24252.24352.24452.24552.24652.24752.24852.24952.25052.25152.25252.253
Leave this field blank
        
                  

                                
                  
        « PreviousNext »
52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.As prescribed in 25.1101(b)(1)(i), insert the following clause:Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023)                (a)                   *Definitions*. As used in this clause—                *Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product* means an article that—(1) Is wholly the growth, product, or manufacture of Bahrain, Morocco, Oman, Panama, or Peru; or                                               (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Morocco, Oman, Panama, or 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 the article, provided that the value of those incidental services does not exceed that of the article itself.                                                      *Commercially available off-the-shelf (COTS) item*—(1)                             Means any item of supply (including construction material) that is-                                                        (i)                                   A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR)  2.101);                                                           (ii)                                   Sold in substantial quantities in the commercial marketplace; and                                                           (iii)                                   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                                                                           (2)                             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.                *Cost of components* means—(1)                             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                                               (2)                             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 end product.                                                      *Critical component* means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR  25.105.                *Domestic end product* means—(1)                             For an end product that does not consist wholly or predominantly of iron or steel or a combination of both–                                                        (i)                                   An unmanufactured end product mined or produced in the United States;                                                           (ii)                                   An end product manufactured in the United States, if—                                                                    (A)                                        The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or                                                                       (B)                                         The end product is a COTS item; or                                                                                                             (2)                             For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".                                                      *End product* means those articles, materials, and supplies to be acquired under the contract for public use.                *Fastener* means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.                *Foreign end product* means an end product other than a domestic end product.                *Foreign iron and steel* means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.                *Free Trade Agreement country* means Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore.                *Free Trade Agreement country end product* means an article that-(1)                             Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or                                               (2)                             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 the article, provided that the value of those incidental services does not exceed that of the article itself.                                                      *Israeli end product* means an article that—(1)                             Is wholly the growth, product, or manufacture of Israel; or                                               (2)                             In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Israel 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.                                                      *Predominantly of iron or steel or a combination of both* means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.                *Steel* means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.                *United States* means the 50 States, the District of Columbia, and outlying areas.                             (b)                   *Components of foreign origin*. Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.                             (c)                   *Delivery of end products*.   41 U.S.C.chapter 83, Buy American statute, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with   41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see  12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product,                   excluding COTS fasteners. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled "Buy American-Free Trade Agreements-Israeli Trade Act Certificate." If the Contractor specified in its offer that the Contractor would supply a Free Trade Agreement country end product (other than a Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product) or an Israeli end product, then the Contractor shall supply a Free Trade Agreement country end product (other than a Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product), an Israeli end product or, at the Contractor’s option, a domestic end product.             (End of clause)*Alternate I* [Reserved]                                       *Alternate II* (Dec 2022). As prescribed in 25.1101(b)(1)(ii),             substitute the following paragraph (c) for paragraph (c) of the             basic clause:             (c) *Delivery of end products*.   41 U.S.C.chapter 83 provides a preference             for domestic end products for supplies acquired for use in the             United States. In accordance with   41 U.S.C. 1907, the domestic content test of             the Buy American statute is waived for an end product that is a COTS             item (see 12.505(a)(1)), except that for an end product that             consists wholly or predominantly of iron or steel or a combination             of both, the domestic content test is applied only to the iron and             steel content of the end product, excluding COTS fasteners. In             addition, the Contracting Officer has determined that the Israeli             Trade Act applies to this acquisition. Unless otherwise specified,             this trade agreement applies to all items in the Schedule. The             Contractor shall deliver under this contract only domestic end             products except to the extent that, in its offer, it specified             delivery of foreign end products in the provision entitled “Buy             American—Free Trade Agreements—Israeli Trade Act.” If the Contractor             specified in its offer that the Contractor would supply an Israeli             end product, then the Contractor shall supply an Israeli end product             or, at the Contractor's option, a domestic end product.                                       *Alternate III* (Feb                2024).                As prescribed in 25.1101(b)(1)(iii), delete the                definition of "Bahraini, Moroccan, Omani, Panamanian, or Peruvian                end product" and add in its place the following definition of "Korean end product" in paragraph (a) of                the basic clause; and substitute the following paragraph (c) for                paragraph (c) of the basic clause:             *Korean                end product* means an article                that—             (1) Is wholly the growth,                product, or manufacture of Korea (Republic of); or             (2) 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 the article,                provided that the value of those incidental services does not                exceed that of the article itself.             (c) *Delivery of end products*.   41 U.S.C.chapter 83 provides a                preference for domestic end products for supplies acquired for                use in the United States. In accordance with   41 U.S.C.1907, the domestic content                test of the Buy American statute is waived for an end product                that is a COTS item (see  12.505(a)(1)), except that for an                end product that consists wholly or predominantly of iron or                steel or a combination of both, the domestic content test is                applied only to the iron and steel content of the end product,                excluding COTS fasteners. In addition, the Contracting Officer                has determined that the Korea (Republic of) FTA and the Israeli                Trade Act apply to this acquisition. Unless otherwise specified,                these trade agreements apply to all items in the Schedule. The                Contractor shall deliver under this contract only domestic end                products except to the extent that, in its offer, it specified                delivery of foreign end products in the provision entitled “Buy                American—Free Trade Agreements—Israeli Trade Act Certificate.” If                the Contractor specified in its offer that the Contractor would                supply a Korean end product or an Israeli end product, then the                Contractor shall supply a Korean end product, an Israeli end                product, or at the Contractor’s option, a domestic end                product.                                       *Alternate IV* (Oct 2022). As prescribed in 25.1101(b)(1)(iv)             substitute the following sentence for the first sentence of             paragraph (1)(ii)(A) of the definition of *domestic end             product* in paragraph (a):             (A) The cost of its components mined, produced,             or manufactured in the United States exceeds __ percent of the cost of all its components. [             *Contracting officer to insert the percentage.* ]**Parent topic:**  52.225 [Reserved]
« PreviousNext »
FavoriteX

      Far Parts
            Regulations FAR Menu
  

        
      Index
                              List of Sections Affected
                              DOD Deviations
                              CAAC Deviations
                              1
                              2
                              3
                              4
                              5
                              6
                              7
                              8
                              9
                              10
                              11
                              12
                              13
                              14
                              15
                              16
                              17
                              18
                              19
                              20
                              21
                              22
                              23
                              24
                              25
                              26
                              27
                              28
                              29
                              30
                              31
                              32
                              33
                              34
                              35
                              36
                              37
                              38
                              39
                              40
                              41
                              42
                              43
                              44
                              45
                              46
                              47
                              48
                              49
                              50
                              51
                              52
                              53
                              Chapter 99 (CAS)Definitions
    Toggle
FAC Changes
    Toggle
Style Formatter
    Toggle

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt