Part 52 Clauses

FAC 2005–19 AUGUST 17, 2007
SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
52.225-9 Buy American Act—Construction Materials.
As prescribed in 25.1102(a), insert the following clause:
BUY AMERICAN ACT—CONSTRUCTION MATERIALS
(JAN 2005)
(a) Definitions. As used in this clause—
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The
term also includes an item brought to the site preassembled
from articles, materials, or supplies. However, emergency life
safety systems, such as emergency lighting, fire alarm, and
audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as
complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual
parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(1) For components purchased by the Contractor, the
acquisition cost, including transportation costs to the place of
incorporation into the construction material (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 construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or
produced in the United States; or
(2) A construction material manufactured in the United
States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. Components of foreign origin of the
same class or kind for which nonavailability determinations
have been made are treated as domestic.
“Foreign construction material” means a construction
material other than a domestic construction material.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements the
Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. The Contractor
shall use only domestic construction material in performing
this contract, except as provided in paragraphs (b)(2) and
(b)(3) of this clause.

52.225-9
(2) This requirement does not apply to the construction
material or components listed by the Government as follows:
________________________________________________
[Contracting Officer to list applicable excepted materials or
indicate “none”]
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause
if the Government determines that—
(i) The cost of domestic construction material would
be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American
Act is unreasonable when the cost of such material exceeds
the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy
American Act to a particular construction material would be
impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory
quality.
(c) Request for determination of inapplicability of the Buy
American Act. (1)(i) Any Contractor request to use foreign
construction material in accordance with paragraph (b)(3) of
this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic
construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier;
and
(H) A detailed justification of the reason for use
of foreign construction materials cited in accordance with
paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall
include a reasonable survey of the market and a completed
price comparison table in the format in paragraph (d) of this
clause.
(iii) The price of construction material shall include
all delivery costs to the construction site and any applicable
duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor
could not reasonably foresee the need for such determination
and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory
explanation, the Contracting Officer need not make a
determination.
(2) If the Government determines after contract award
that an exception to the Buy American Act applies and the
52.2-145

FAC 2005–21 NOVEMBER 7, 2007
52.225-10

FEDERAL ACQUISITION REGULATION

Contracting Officer and the Contractor negotiate adequate
consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable
price of a domestic construction material, adequate consideration is not less than the differential established in
paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.
(d) Data. To permit evaluation of requests under
paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any
applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON
Construction Material Description Unit of Measure
Quantity
Price
(Dollars)*
Item 1:
Foreign construction material
Domestic construction material

_______
_______

_______
_______

_______
_______

Item 2:
_______
_______
_______
Foreign construction material
_______
_______
_______
Domestic construction material
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.225-10 Notice of Buy American Act Requirement—
Construction Materials.
As prescribed in 25.1102(b)(1), insert the following
provision:
NOTICE OF BUY AMERICAN ACT REQUIREMENT—
CONSTRUCTION MATERIALS (MAY 2002)
(a) Definitions. “Construction material,” “domestic construction material,” and “foreign construction material,” as
used in this provision, are defined in the clause of this solicitation entitled “Buy American Act—Construction Materials”
(Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability
of the Buy American Act should submit the request to the
Contracting Officer in time to allow a determination before
submission of offers. The offeror shall include the information
and applicable supporting data required by paragraphs (c) and
(d) of the clause at FAR 52.225-9 in the request. If an offeror
has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has
not received a response to a previous request, the offeror shall
include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate
an offer requesting exception to the requirements of the Buy
American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the
appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause
at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that
requested the substitution of foreign construction material
52.2-146

based on unreasonable cost and an offeror that did not request
an exception, the Contracting Officer will award to the offeror
that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign
construction material not listed by the Government in this
solicitation in paragraph (b)(2) of the clause at FAR 52.225-9,
the offeror also may submit an alternate offer based on use of
equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall
submit a separate Standard Form 1442 for the alternate offer,
and a separate price comparison table prepared in accordance
with paragraphs (c) and (d) of the clause at FAR 52.225-9 for
the offer that is based on the use of any foreign construction
material for which the Government has not yet determined an
exception applies.
(3) If the Government determines that a particular
exception requested in accordance with paragraph (c) of the
clause at FAR 52.225-9 does not apply, the Government will
evaluate only those offers based on use of the equivalent
domestic construction material, and the offeror shall be
required to furnish such domestic construction material. An
offer based on use of the foreign construction material for
which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
Alternate I (May 2002). As prescribed in 25.1102(b)(2),
substitute the following paragraph (b) for paragraph (b) of the
basic provision:

FAC 2005–13 SEPTEMBER 28, 2007
SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of
the Buy American Act shall submit the request with its offer,
including the information and applicable supporting data
required by paragraphs (c) and (d) of the clause at
FAR 52.225-9.

52.225-11 Buy American Act—Construction Materials
under Trade Agreements.
As prescribed in 25.1102(c), insert the following clause:
BUY AMERICAN ACT—CONSTRUCTION MATERIALS
UNDER TRADE AGREEMENTS (AUG 2007)
(a) Definitions. As used in this clause—
“Caribbean Basin country construction material” means a
construction material that—
(1) Is wholly the growth, product, or manufacture of a
Caribbean Basin country; or
(2) In the case of a construction material that consists in
whole or in part of materials from another country, has been
substantially transformed in a Caribbean Basin country into a
new and different construction material distinct from the
materials from which it was transformed.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The
term also includes an item brought to the site preassembled
from articles, materials, or supplies. However, emergency life
safety systems, such as emergency lighting, fire alarm, and
audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as
complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual
parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(1) For components purchased by the Contractor, the
acquisition cost, including transportation costs to the place of
incorporation into the construction material (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 construction material.
“Designated country” means any of the following
countries:
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria,

52.225-11
Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,
Norway, Poland, Portugal, Romania, Singapore, Slovak
Republic, Slovenia, Spain, Sweden, Switzerland, or United
Kingdom);
(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or
Singapore);
(3) A least developed country (Afghanistan, Angola,
Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros,
Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi,
Maldives, Mali, Mauritania, Mozambique, Nepal, Niger,
Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra
Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu,
Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda,
Aruba, Bahamas, Barbados, Belize, British Virgin Islands,
Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica,
Montserrat, Netherlands Antilles, St. Kitts and Nevis, St.
Lucia, St. Vincent and the Grenadines, or Trinidad and
Tobago).
“Designated country construction material” means a construction material that is a WTO GPA country construction
material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin
country construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or
produced in the United States; or
(2) A construction material manufactured in the United
States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. Components of foreign origin of the
same class or kind for which nonavailability determinations
have been made are treated as domestic.
“Foreign construction material” means a construction
material other than a domestic construction material.
“Free Trade Agreement country construction material”
means a construction material that—
(1) Is wholly the growth, product, or manufacture of a
Free Trade Agreement (FTA) country; or
(2) In the case of a construction material that consists in
whole or in part of materials from another country, has been
substantially transformed in a FTA country into a new and different construction material distinct from the materials from
which it was transformed.
52.2-147

FAC 2005–21 NOVEMBER 7, 2007
52.225-11
“Least developed country construction material” means a
construction material that—
(1) Is wholly the growth, product, or manufacture of a
least developed country; or
(2) In the case of a construction material that consists in
whole or in part of materials from another country, has been
substantially transformed in a least developed country into a
new and different construction material distinct from the
materials from which it was transformed.
“United States” means the 50 States, the District of Columbia, and outlying areas.

FEDERAL ACQUISITION REGULATION
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory
quality.
(c) Request for determination of inapplicability of the Buy
American Act. (1)(i) Any Contractor request to use foreign
construction material in accordance with paragraph (b)(4) of
this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic
construction materials;
(B) Unit of measure;

“WTO GPA country construction material” means a construction material that—

(C) Quantity;

(1) Is wholly the growth, product, or manufacture of a
WTO GPA country; or

(D) Price;

(2) In the case of a construction material that consists in
whole or in part of materials from another country, has been
substantially transformed in a WTO GPA country into a new
and different construction material distinct from the materials
from which it was transformed.

(F) Location of the construction project;
and

(b) Construction materials. (1) This clause implements
the Buy American Act (41 U.S.C. 10a-10d) by providing a
preference for domestic construction material. In addition, the
Contracting Officer has determined that the WTO GPA and
Free Trade Agreements (FTAs) apply to this acquisition.
Therefore, the Buy American Act restrictions are waived for
designated country construction materials.

(ii) A request based on unreasonable cost shall
include a reasonable survey of the market and a completed
price comparison table in the format in paragraph (d) of this
clause.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this
clause.
(3) The requirement in paragraph (b)(2) of this clause
does not apply to the construction materials or components
listed by the Government as follows:
________________________________________________
[Contracting Officer to list applicable excepted materials or
indicate “none”]
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause
if the Government determines that—
(i) The cost of domestic construction material would
be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American
Act is unreasonable when the cost of such material exceeds
the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy
American Act to a particular construction material would be
impracticable or inconsistent with the public interest; or
52.2-148

(E) Time of delivery or availability;
(G) Name and address of the proposed supplier;
(H) A detailed justification of the reason for use
of foreign construction materials cited in accordance with
paragraph (b)(3) of this clause.

(iii) The price of construction material shall include
all delivery costs to the construction site and any applicable
duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor
could not reasonably foresee the need for such determination
and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory
explanation, the Contracting Officer need not make a
determination.
(2) If the Government determines after contract award
that an exception to the Buy American Act applies and the
Contracting Officer and the Contractor negotiate adequate
consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable
price of a domestic construction material, adequate consideration is not less than the differential established in
paragraph (b)(4)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.
(d) Data. To permit evaluation of requests under
paragraph (c) of this clause based on unreasonable cost, the

FAC 2005–21 NOVEMBER 7, 2007
SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
Contractor shall include the following information and any
applicable supporting data based on the survey of suppliers:
FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE
COMPARISON
Construction
Unit of
Price
Quantity
Material Description
Measure
(Dollars)*
Item 1:
Foreign construction
_______
_______
_______
material
Domestic construction
_______
_______
_______
material
Item 2:
Foreign construction
_______
_______
_______
material
Domestic construction
_______
_______
_______
material
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of clause)
Alternate I (Aug 2007). As prescribed in 25.1102(c)(3),
add the following definition of “Bahrainian or Mexican construction material” to paragraph (a) of the basic clause, and
substitute the following paragraphs (b)(1) and (b)(2) for paragraphs (b)(1) and (b)(2) of the basic clause:
“Bahrainian or Mexican construction material” means a
construction material that—
(1) Is wholly the growth, product, or manufacture of
Bahrain or Mexico; or
(2) In the case of a construction material that consists in
whole or in part of materials from another country, has been
substantially transformed in Bahrain or Mexico into a new and
different construction material distinct from the materials from
which it was transformed.
(b) Construction materials. (1) This clause implements the
Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and all the
Free Trade Agreements except NAFTA apply to this acquisition. Therefore, the Buy American Act restrictions are waived
for designated country construction materials other than Bahrainian or Mexican construction materials.
(2) The Contractor shall use only domestic or designated
country construction material other than Bahrainian or Mexican
construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

52.225-12
52.225-12 Notice of Buy American Act Requirement—
Construction Materials under Trade Agreements.
As prescribed in 25.1102(d)(1), insert the following
provision:
NOTICE OF BUY AMERICAN ACT REQUIREMENT—
CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS
(JAN 2005)
(a) Definitions. “Construction material,” “designated
country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled
“Buy American Act—Construction Materials Under Trade
Agreements” (Federal Acquisition Regulation (FAR)
clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability
of the Buy American Act should submit the request to the
Contracting Officer in time to allow a determination before
submission of offers. The offeror shall include the information
and applicable supporting data required by paragraphs (c) and
(d) of FAR clause 52.225-11 in the request. If an offeror has
not requested a determination regarding the inapplicability of
the Buy American Act before submitting its offer, or has not
received a response to a previous request, the offeror shall
include the information and supporting data in the offer.
(c) Evaluation of offers.(1) The Government will evaluate
an offer requesting exception to the requirements of the Buy
American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the
appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of
FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that
requested the substitution of foreign construction material
based on unreasonable cost and an offeror that did not request
an exception, the Contracting Officer will award to the offeror
that did not request an exception based on unreasonable cost.
(d) Alternate offers.(1) When an offer includes foreign
construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the
offeror also may submit an alternate offer based on use of
equivalent domestic or designated country construction
material.
(2) If an alternate offer is submitted, the offeror shall
submit a separate Standard Form 1442 for the alternate offer,
and a separate price comparison table prepared in accordance
with paragraphs (c) and (d) of FAR clause 52.225-11 for the
offer that is based on the use of any foreign construction material for which the Government has not yet determined an
exception applies.
(3) If the Government determines that a particular
exception requested in accordance with paragraph (c) of
52.2-149

FAC 2005–26 JUNE 12, 2008
52.225-13

FEDERAL ACQUISITION REGULATION

FAR clause 52.225-11 does not apply, the Government will
evaluate only those offers based on use of the equivalent
domestic or designated country construction material, and the
offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of
the foreign construction material for which an exception was
requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
Alternate I (May 2002). As prescribed in 25.1102(d)(2),
substitute the following paragraph (b) for paragraph (b) of the
basic provision:
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of
the Buy American Act shall submit the request with its offer,
including the information and applicable supporting data
required by paragraphs (c) and (d) of FAR clause 52.225-11.
Alternate II (Aug 2007). As prescribed in 25.1102(d)(3),
add the definition of “Bahrainian or Mexican construction
material” to paragraph (a) and substitute the following paragraph (d) for paragraph (d) of the basic provision:
(d) Alternate offers. (1) When an offer includes foreign
construction material, except foreign construction material
from a designated country other than Bahrain or Mexico, that is
not listed by the Government in this solicitation in paragraph
(b)(3) of FAR clause 52.225-11, the offeror also may submit an
alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian or
Mexican construction material.
(2) If an alternate offer is submitted, the offeror shall
submit a separate Standard Form 1442 for the alternate offer,
and a separate price comparison table prepared in accordance
with paragraphs (c) and (d) of FAR clause 52.225-11 for the
offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular
exception requested in accordance with paragraph (c) of FAR
clause 52.225-11 does not apply, the Government will evaluate
only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian or
Mexican construction material. An offer based on use of the
foreign construction material for which an exception was
requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.

52.225-13 Restrictions on Certain Foreign Purchases.
As prescribed in 25.1103(a), insert the following clause:
52.2-150

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
(JUNE 2008)
(a) Except as authorized by the Office of Foreign Assets
Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this
contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s
implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction
of the United States.
(b) Except as authorized by OFAC, most transactions
involving Cuba, Iran, and Sudan are prohibited, as are most
imports from Burma or North Korea, into the United States or
its outlying areas. Lists of entities and individuals subject to
economic sanctions are included in OFAC’s List of Specially
Designated Nationals and Blocked Persons at http://
www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in
the OFAC’s regulations at 31 CFR Chapter V and/or on
OFAC’s website at http://www.treas.gov/offices/enforcement/
ofac.
(c) The Contractor shall insert this clause, including this
paragraph (c), in all subcontracts.
(End of clause)
52.225-14 Inconsistency between English Version and
Translation of Contract.
As prescribed at 25.1103(b), insert the following clause:
INCONSISTENCY BETWEEN ENGLISH VERSION AND
TRANSLATION OF CONTRACT (FEB 2000)
In the event of inconsistency between any terms of this
contract and any translation into another language, the
English language meaning shall control.
(End of clause)
52.225-15 [Reserved]
52.225-16 [Reserved]
52.225-17 Evaluation of Foreign Currency Offers.
As prescribed in 25.1103(c), insert the following
provision:
EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)
If the Government receives offers in more than one currency, the Government will evaluate offers by converting the
foreign currency to United States currency using [Contracting
Officer to insert source of rate] in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.
(b) For acquisitions conducted using negotiation
procedures—

FAC 2005–24 MARCH 31, 2008
SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
(1) On the date specified for receipt of offers, if award
is based on initial offers; otherwise
(2) On the date specified for receipt of proposal
revisions.
(End of provision)
52.225-18 Place of Manufacture.
As prescribed in 25.1101(f), insert the following solicitation provision:
PLACE OF MANUFACTURE (SEPT 2006)
(a) Definitions. As used in this clause—
“Manufactured end product” means any end product in
Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products,
Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and
Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end
product is assembled out of components, or otherwise made
or processed from raw materials into the finished product that
is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place
of manufacture.
(b) For statistical purposes only, the offeror shall indicate
whether the place of manufacture of the end products it
expects to provide in response to this solicitation is predominantly—
(1) ❏ In the United States (Check this box if the total
anticipated price of offered end products manufactured in the
United States exceeds the total anticipated price of offered end
products manufactured outside the United States); or
(2) ❏ Outside the United States.
(End of provision)
52.225-19 Contractor Personnel in a Designated
Operational Area or Supporting a Diplomatic or
Consular Mission Outside the United States.
As prescribed in 25.301-4, insert the following clause:

52.225-19
CONTRACTOR PERSONNEL IN A DESIGNATED
OPERATIONAL AREA OR SUPPORTING A DIPLOMATIC OR
CONSULAR MISSION OUTSIDE THE UNITED STATES
(MAR 2008)
(a) Definitions. As used in this clause—
“Chief of mission” means the principal officer in charge of
a diplomatic mission of the United States or of a United States
office abroad which is designated by the Secretary of State as
diplomatic in nature, including any individual assigned under
section 502(c) of the Foreign Service Act of 1980 (Public Law
96-465) to be temporarily in charge of such a mission or
office.
“Combatant commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.
“Designated operational area” means a geographic area
designated by the combatant commander or subordinate joint
force commander for the conduct or support of specified military operations.
“Supporting a diplomatic or consular mission” means performing outside the United States under a contract administered by Federal agency personnel who are subject to the
direction of a chief of mission.
(b) General. (1) This clause applies when Contractor personnel are required to perform outside the United States—
(i) In a designated operational area during—
(A) Contingency operations;
(B) Humanitarian or peacekeeping operations; or
(C) Other military operations; or military exercises, when designated by the Combatant Commander; or
(ii) When supporting a diplomatic or consular mission—
(A) That has been designated by the Department
of State as a danger pay post (see http://aoprals.state.gov/
Web920/danger_pay_all.asp); or
(B) That the Contracting Officer has indicated is
subject to this clause.
(2) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the
contract, the Contractor accepts the risks associated with
required contract performance in such operations.
(3) Contractor personnel are civilians.
(i) Except as provided in paragraph (b)(3)(ii) of this
clause, and in accordance with paragraph (i)(3) of this clause,
Contractor personnel are only authorized to use deadly force
in self-defense.
(ii) Contractor personnel performing security functions are also authorized to use deadly force when use of such
force reasonably appears necessary to execute their security
mission to protect assets/persons, consistent with the terms
and conditions contained in the contract or with their job
description and terms of employment.
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