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).

Parent topic: Subpart 25.11 - Solicitation Provisions and Contract Clauses