252.225-7018 Photovoltaic

Devices—Certificate.

As prescribed in 225.7017-4 (b), use the following provision:

PHOTOVOLTAIC DEVICES—CERTIFICATE (NOV 2023)

(a) Definitions. “Bahraini photovoltaic device,” “Caribbean Basin photovoltaic device,” “designated

country,” “designated country photovoltaic device,” “domestic photovoltaic device,” “foreign

photovoltaic device,” “Free Trade Agreement country,” “Free Trade Agreement photovoltaic device,”

“Korean photovoltaic device,” “least developed country photovoltaic device,” “Moroccan

photovoltaic device,” “Panamanian photovoltaic device,” “Peruvian photovoltaic device,”

“photovoltaic device,” “qualifying country,” “qualifying country photovoltaic device,” “United

States,” “U.S.-made photovoltaic device,” and “WTO GPA country photovoltaic device” have the

meanings given in the Photovoltaic Devices clause of this solicitation.

(b) Restrictions.The following restrictions apply, depending on the estimated aggregate value of

photovoltaic devices to be utilized under a resultant contract:

(1) If more than the micro-purchase threshold but less than $183,000, then the Government will not

accept an offer specifying the use of other foreign photovoltaic devices in paragraph (d)(2)(ii),

(d)(3)(ii), (d)(4)(ii), or (d)(5)(ii) of this provision, unless the offeror documents to the satisfaction of

the Contracting Officer that the price of the foreign photovoltaic device plus 50 percent is less than

the price of a comparable domestic photovoltaic device.

(2) If $183,000 or more, then the Government will consider only offers that utilize photovoltaic

devices that are U.S.-made, qualifying country, or designated country photovoltaic devices.

(c) Country in which a designated country photovoltaic device was wholly manufactured or was

substantially transformed.If the estimated value of the photovoltaic devices to be utilized under a

resultant contract exceeds $92,319, the Offeror’s certification that such photovoltaic device (e.g.,

solar panel) is a designated country photovoltaic device shall be consistent with country of origin

determinations by the U.S. Customs and Border Protection with regard to importation of the same or

similar photovoltaic devices into the United States. If the Offeror is uncertain as to what the country

of origin would be determined to be by the U.S. Customs and Border Protection, the Offeror shall

request a determination from U.S. Customs and Border Protection. (See

http://www.cbp.gov/trade/rulings.)

(d) Certification and identification of country of origin.

[The offeror shall check the block and fill in the blank for one of the following paragraphs, based on

the estimated value and the country of origin of photovoltaic devices to be utilized in performance of

the contract:]

___ (1) No photovoltaic devices will be utilized in performance of the contract, or such photovoltaic

devices have an estimated value that does not exceed the micro-purchase threshold.

(2) If more than the micro-purchase threshold but less than $92,319—

___ (i) The offeror certifies that each photovoltaic device to be utilized in performance of the contract
is a domestic photovoltaic device;

___ (ii) The offeror certifies that each photovoltaic device to be utilized in performance of the

contract is a qualifying country photovoltaic device [Offeror to specify country of origin____________];

or

___ (iii) The foreign (other than qualifying country) photovoltaic devices to be utilized in performance

of the contract are the product of ___________________. [Offeror to specify country of origin, if known,

and provide documentation that the cost of a domestic photovoltaic device would be unreasonable in

comparison to the cost of the proposed foreign photovoltaic device, i.e. that the price of the foreign

photovoltaic device plus 50 percent is less than the price of a comparable domestic photovoltaic

device.]

(3) If less than $92,319—

___ (i) The offeror certifies that each photovoltaic device to be utilized in performance of the contract

is a domestic photovoltaic device;

___ (ii) The offeror certifies that each photovoltaic device to be utilized in performance of the

contract is a qualifying country photovoltaic device [Offeror to specify country of

origin_______________]; or

___ (iii) The foreign photovoltaic devices to be utilized in performance of the contract are the product

of _______________. [Offeror to specify country of origin, if known, and provide documentation that the

cost of a domestic photovoltaic device would be unreasonable in comparison to the cost of the

proposed foreign photovoltaic device, i.e. that the price of the foreign photovoltaic device plus 50

percent is less than the price of a comparable domestic photovoltaic device.]

(4) If $92,319 or more but less than $100,000—

___ (i) The offeror certifies that each photovoltaic device to be utilized in performance of the contract

is a domestic photovoltaic device;

____ (ii) The offeror certifies that each photovoltaic device to be utilized in performance of the

contract is a Free Trade Agreement country photovoltaic device (other than a Bahraini, Korean,

Moroccan, Panamanian, or Peruvian photovoltaic device) or a qualifying country photovoltaic device

[Offeror to specify country of origin______]; or

___ (iii) The offered foreign photovoltaic devices (other than those from countries listed in paragraph

(d)(4)(ii) of this provision) are the product of

_______________. [Offeror to specify country of origin, if known, and provide documentation that the

cost of a domestic photovoltaic device would be unreasonable in comparison to the cost of the

proposed foreign photovoltaic device, i.e. that the price of the foreign photovoltaic device plus 50

percent is less than the price of a comparable domestic photovoltaic device.]

(5) If $100,000 or more but less than $183,000—

___ (i) The offeror certifies that each photovoltaic device to be utilized in performance of the contract

is a domestic photovoltaic device;

____ (ii) The offeror certifies that each photovoltaic device to be utilized in performance of the

contract is a Free Trade Agreement country photovoltaic device (other than a Bahraini, Moroccan,
Panamanian, or Peruvian photovoltaic device) or a qualifying country photovoltaic device [Offeror to

specify country of origin______]; or

(other than a Bahrainian, Moroccan, Panamanian, or Peruvian photovoltaic device) or a qualifying

country photovoltaic device [Offeror to specify country of origin____________]; or

___ (iii) The offered foreign photovoltaic devices (other than those from countries listed in paragraph

(d)(5)(ii) of this provision) are the product of ____________.

[Offeror to specify country of origin, if known, and provide documentation that the cost of a domestic

photovoltaic device would be unreasonable in comparison to the cost of the proposed foreign

photovoltaic device, i.e. that the price of the foreign photovoltaic device plus 50 percent is less than

the price of a comparable domestic photovoltaic device.]

(6) If $183,000 or more, the Offeror certifies that each photovoltaic device to be used in

performance of the contract is—

___ (i) A U.S.-made photovoltaic device; or

___ (ii) A designated country photovoltaic device or a qualifying country photovoltaic device. [Offeror

to specify country of origin_____________.]

(End of provision)

Parent topic: 252.225 RESERVED