Subpart 25.11 - Solicitation Provisions and

Contract Clauses

Parent topic: Part 25 - Foreign Acquisition

25.1101 Acquisition of supplies.

The following provisions and clauses apply to the acquisition of supplies and the acquisition of

services involving the furnishing of supplies.

(a)

(1)

(i) Insert the clause at 52.225-1, Buy American-Supplies, in solicitations and contracts with a value

exceeding the micro-purchase threshold but not exceeding $50,000; and in solicitations and

contracts with a value exceeding $50,000, if none of the clauses prescribed in paragraphs (b) and (c)

of this section apply, except if-

(A) The solicitation is restricted to domestic end products in accordance with subpart 6.3;

(B) The acquisition is for supplies for use within the United States and an exception to the Buy

American statute applies (e.g., nonavailability, public interest, or information technology that is a

commercial product); or

(C) The acquisition is for supplies for use outside the United States.

(ii) The contracting officer shall use the clause with its Alternate I to reflect the domestic content

threshold that will apply to the entire period of performance, when the senior procurement

executive allows for application of an alternate domestic content test for the contract in accordance

with 25.101(d). For contracts that the contracting officer estimates will be awarded in calendar year

2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of

“domestic end product.” For contracts that the contracting officer estimates will be awarded in

calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For

contracts that the contracting officer estimates will be awarded after calendar year 2028 the

contracting officer shall insert “75”.

(2) Insert the provision at 52.225-2, Buy American Certificate, in solicitations containing the clause

at 52.225-1.

(b)

(1)

(i) Insert the clause at 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, in

solicitations and contracts if-

(A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within
the United States, and the acquisition value is $50,000; or more, but is less than $174,000;

(B) The acquisition is not for information technology that is a commercial product, using fiscal year

2004 or subsequent fiscal year funds; and

(C) No exception in 25.401 applies. For acquisitions of agencies not subject to the Israeli Trade Act

(see 25.406), see agency regulations.

(ii) If the acquisition value is $50,000 or more but is less than $100,000, use the clause with its

Alternate II.

(iii) If the acquisition value is $100,000 or more but is less than $102,280, use the clause with its

Alternate III.

(iv) The contracting officer shall use the clause with its Alternate IV to reflect the domestic content

threshold that will apply to the entire period of performance, when the senior procurement

executive allows for application of an alternate domestic content test for the contract in accordance

with 25.102(d). For contracts that the contracting officer estimates will be awarded in calendar year

2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of

“domestic end product.” For contracts that the contracting officer estimates will be awarded in

calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For

contracts that the contracting officer estimates will be awarded after calendar year 2028 the

contracting officer shall insert “75”.

(2)

(i) Insert the provision at 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act

Certificate, in solicitations containing the clause at 52.225-3.

(ii) If the acquisition value is $50,000 or more but is less than $100,000, use the provision with its

Alternate II.

(iii) If the acquisition value is $100,000 or more, but is less than $102,280, use the provision with its

Alternate III.

(c)

(1) Insert the clause at 52.225-5, Trade Agreements, in solicitations and contracts valued at

$174,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency

has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end

products. If the agency has not made such a determination, the contracting officer must follow

agency procedures.

(2) Insert the provision at 52.225-6, Trade Agreements Certificate, in solicitations containing the

clause at 52.225-5.

(d) Insert the provision at 52.225-7, Waiver of Buy American Statute for Civil Aircraft and Related

Articles, in solicitations for civil aircraft and related articles (see 25.407), if the acquisition value is

less than $174,000.

(e) Insert the clause at 52.225-8, Duty-Free Entry, in solicitations and contracts for supplies that may
be imported into the United States and for which duty-free entry may be obtained in accordance

with 25.903(a), if the value of the acquisition-

(1) Exceeds the simplified acquisition threshold; or

(2) Does not exceed the simplified acquisition threshold, but the savings from waiving the duty is

anticipated to be more than the administrative cost of waiving the duty. When used for acquisitions

that do not exceed the simplified acquisition threshold, the contracting officer may modify

paragraphs (c)(1) and (j)(2) of the clause to reduce the dollar figure.

(f) Insert the provision at 52.225-18, Place of Manufacture, in solicitations that are predominantly

for the acquisition of manufactured end products (i.e., the estimated value of the manufactured end

products exceeds the estimated value of other items to be acquired as a result of the solicitation).

25.1102 Acquisition of construction.

When using funds other than those appropriated under the American Recovery and Reinvestment

Act of 2009 (Pub. L. 111-5) (Recovery Act), follow the prescriptions in paragraphs (a) through (d) of

this section. Otherwise, follow the prescription in paragraph (e).

(a) Insert the clause at 52.225-9, Buy American-Construction Materials, in solicitations and contracts

for construction that is performed in the United States valued at less than $6,708,000.

(1) List in paragraph (b)(2) of the clause all foreign construction material excepted from the

requirements of the Buy American statute.

(2) If the head of the agency determines that a higher percentage is appropriate, substitute the

higher evaluation percentage in paragraph (b)(3)(i) of the clause.

(3) The contracting officer shall use the clause with its Alternate I to reflect the domestic content

threshold that will apply to the entire period of performance, when the senior procurement

executive allows for application of an alternate domestic content test for the contract in accordance

with 25.201(c). For contracts that the contracting officer estimates will be awarded in calendar year

2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of

“domestic construction material.” For contracts that the contracting officer estimates will be

awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”.

For contracts that the contracting officer estimates will be awarded after calendar year 2028 the

contracting officer shall insert “75”.

(b)

(1) Insert the provision at 52.225-10, Notice of Buy American Requirement-Construction Materials,

in solicitations containing the clause at 52.225-9.

(2) If insufficient time is available to process a determination regarding the inapplicability of the Buy

American statute before receipt of offers, use the provision with its Alternate I.

(c) Insert the clause at 52.225-11, Buy American-Construction Materials under Trade Agreements, in

solicitations and contracts for construction that is performed in the United States valued at

$6,708,000 or more.
(1) List in paragraph (b)(3) of the clause all foreign construction material excepted from the

requirements of the Buy American statute, other than designated country construction material.

(2) If the head of the agency determines that a higher percentage is appropriate, substitute the

higher evaluation percentage in paragraph (b)(4)(i) of the clause.

(3) For acquisitions valued at $6,708,000 or more, but less than $13,296,489, use the clause with its

Alternate I. List in paragraph (b)(3) of the clause all foreign construction material excepted from the

requirements of the Buy American statute, unless the excepted foreign construction material is from

a designated country other than Bahrain, Mexico, and Oman.

(4) The contracting officer shall use the clause with its Alternate II to reflect the domestic content

threshold that will apply to the entire period of performance, when the senior procurement

executive allows for application of an alternate domestic content test for the contract in accordance

with 25.201(c). For contracts that the contracting officer estimates will be awarded in calendar year

2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of

“domestic construction material.” For contracts that the contracting officer estimates will be

awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”.

For contracts that the contracting officer estimates will be awarded after calendar year 2028 the

contracting officer shall insert “75”.

(d)

(1) Insert the provision at 52.225-12, Notice of Buy American Requirement-Construction Materials

under Trade Agreements, in solicitations containing the clause at 52.225-11.

(2) If insufficient time is available to process a determination regarding the inapplicability of the Buy

American statute before receipt of offers, use the provision with its Alternate I.

(3) For acquisitions valued at $6,708,000 or more, but less than $13,296,489, use the provision with

its Alternate II.

(e)

(1) When using funds appropriated under the Recovery Act for construction, use provisions and

clauses 52.225-21, 52.225-22, 52.225-23, or 52.225-24 (with appropriate Alternates) in lieu of the

provisions and clauses 52.225-9, 52.225-10, 52.225-11, or 52.225-12 (with appropriate Alternates),

respectively, that would be applicable as prescribed in paragraphs (a) through (d) of this section if

Recovery Act funds were not used.

(2) If these Recovery Act provisions and clauses are only applicable to a project consisting of certain

line items in the contract, identify in the schedule the line items to which the provisions and clauses

apply.

(3) When using clause 52.225-23, list foreign construction material in paragraph (b)(3) of the clause

as follows:

(i) Basic clause. List all foreign construction materials excepted from the Buy American statute or

section 1605 of the Recovery Act, other than manufactured construction material from a Recovery

Act designated country or unmanufactured construction material from a designated country.
(ii) Alternate I. List in paragraph (b)(3) of the clause all foreign construction material excepted from

the Buy American statute or section 1605 of the Recovery Act, other than-

(A) Manufactured construction material from a Recovery Act designated country other than Bahrain,

Mexico, or Oman; or

(B) Unmanufactured construction material from a designated country other than Bahrain, Mexico, or

Oman.

25.1103 Other provisions and clauses.

(a) Restrictions on certain foreign purchases. Insert the clause at 52.225-13, Restrictions on Certain

Foreign Purchases, in solicitations and contracts, unless an exception applies.

(b) Translations. Insert the clause at 52.225-14, Inconsistency Between English Version and

Translation of Contract, in solicitations and contracts if anticipating translation into another

language.

(c) Foreign currency offers. Insert the provision at 52.225-17, Evaluation of Foreign Currency Offers,

in solicitations that permit the use of other than a specified currency. Insert in the provision the

source of the rate to be used in the evaluation of offers.

(d) The contracting officer shall include in each solicitation for the acquisition of other than

commercial products or commercial services the provision at 52.225-20, Prohibition on Conducting

Restricted Business Operations in Sudan—Certification.

(e) The contracting officer shall include in all solicitations the provision at 52.225-25, Prohibition on

Contracting with Entities Engaging in Certain Activities or Transactions Relating to IranRepresentation and Certifications.