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]