9000-0024_Justification_2008

SUPPORTING STATEMENT
FOR PAPERWORK REDUCTION ACT SUBMISSION
9000-0024, BUY AMERICAN ACT CERTIFICATE
A.

Justification.

1. Administrative requirements. The Buy American Act
requires that only domestic end products be acquired for
public use unless specifically authorized by statute or
regulation, provided that the cost of the domestic products
is reasonable. The Balance of Payments Program, unless
specifically exempted by statute or regulation, requires the
Government to give preference to the acquisition of domestic
end products or services, provided that the cost of the
domestic items is reasonable. The Balance of Payments
Program differs from the Buy American Act in that it applies
to acquisitions for use outside the United States.
Information collection 9000-0024 collects data for both the
Buy American Act and the Balance of Payments Program.
2. Uses of information. This collection exists to collect
information for the Buy American Act and the Balance of
Payments Program.
3. Consideration of information technology. We use
improved information technology to the maximum extent
practicable. Where both the Government agency and
contractors are capable of electronic interchange, the
contractors may submit this information collection
requirement electronically.
4. Efforts to identify duplication. This requirement is
being issued under the Federal Acquisition Regulation (FAR)
which has been developed to standardize Federal procurement
practices and eliminate unnecessary duplication.
5. If the collection of information impacts small
businesses or other entities, describe methods used to
minimize burden. The burden applied to small businesses is
the minimum consistent with applicable laws, executive
orders, regulations and prudent business practices.
6. Describe consequence to Federal program or policy
activities if the collection is not conducted or is
conducted less frequently. Collection of information on a
basis other than solicitation-by-solicitation is not
practical.

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Justification 2008

7. Special circumstances for collection. Collection is
consistent with guidelines in 5 CFR 1320.6.
8. Efforts to consult with persons outside the agency.
Under the procedures established for development of the FAR,
agency and public comments were solicited and each comment
addressed before finalization of the text. A notice in the
Federal Register at 72 FR 56337, October 3, 2007, made this
requirement available to the public and requested comments.
No major problems regarding this requirement were reported.
9. Explanation of any decision to provide any payment of
gift to respondents, other than reenumeration of contractors
or guarantees. Not applicable.
10. Describe assurance of confidentiality provided to
respondents. This information is disclosed only to the
extent consistent with prudent business practices and
current regulations.
11. Additional justification for questions of a sensitive
nature. No sensitive questions are involved.
12 & 13. Estimated total annual public hour and cost
burden. Time required to read and prepare information is
estimated at 10 minutes per response.
Estimated respondents/yr . . . . . .
Responses annually per respondent. .
Total annual responses . . . . . . .
Estimated hours per response . . . .
Estimated total burden hours . . . .
Estimated cost to public ($24 + 75%
Total cost to the public . . . . . .

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OH)
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3,707
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15
. 55,605
. x .109
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6,061
$56
.
.$339,416

14. Estimated cost to the Government. Time required for
Governmentwide review is estimated at 10 minutes per
response.
Annual Reporting Burden and Cost
Reviewing time/hr . .
Responses/yr. . . . .
Review time/yr. . . .
Average wages/hr. . .
Average wages/yr. . .
Benefits and overhead
Total Government cost

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.1
x 55,605
5,561
x $42.24
$250,223
+
32.45%
$311,093

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Justification 2008

15. Explain reasons for program changes or adjustments
reported in Item 13 and 14. This submission requests an
extension of OMB approval of information collection 90000024 in the FAR. This information collection requirement
will collect information for the Buy American Act and the
Balance of Payments Program.
16. Outline plans for published results of information
collection. Results will not be tabulated or published.
17. Approval not to display expiration date.
applicable.

Not

18. Explanation of exception to certification statement.
Not applicable.
B. Collections of Information Employing Statistical
Methods. Statistical methods are not used in this
information collection.

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Justification 2008

FAC 2005—19 AUGUST 17, 2007
SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
“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.
“Domestic end product” means—
(1) An unmanufactured end product mined or produced
in the United States; or
(2) An end product 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 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. Scrap generated, collected, and prepared for processing in the United States is considered
domestic.
“End product” means those articles, materials, and supplies to be acquired under the contract for public use.
“Foreign end product” means an end product other than a
domestic end product.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) The Buy American Act (41 U.S.C. 10a - 10d) provides
a preference for domestic end products for supplies acquired
for use in the United States.
(c) Offerors may obtain from the Contracting Officer a list
of foreign articles that the Contracting Officer will treat as
domestic for this contract.
(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign
end products in the provision of the solicitation entitled “Buy
American Act Certificate.”
(End of clause)
52.225-2 Buy American Act Certificate.
As prescribed in 25.1101(a)(2), insert the following
provision:
BUY AMERICAN ACT CERTIFICATE (JUNE 2003)
(a) The offeror certifies that each end product, except those
listed in paragraph (b) of this provision, is a domestic end
product and that the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign

52.225-3
end products those end products manufactured in the United
States that do not qualify as domestic end products. The terms
“component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the
clause of this solicitation entitled “Buy American Act—
Supplies.”
(b) Foreign End Products:
LINE ITEM NO.
______________
______________
______________

COUNTRY OF ORIGIN
_________________
_________________
_________________

[List as necessary]
(c) The Government will evaluate offers in accordance
with the policies and procedures of Part 25 of the Federal
Acquisition Regulation.
(End of provision)
52.225-3 Buy American Act—Free Trade Agreements—
Israeli Trade Act.
As prescribed in 25.1101(b)(1)(i), insert the following
clause:
BUY AMERICAN ACT—FREE TRADE AGREEMENTS—
ISRAELI TRADE ACT (AUG 2007)
(a) Definitions. As used in this clause—
“Bahrainian or Moroccan end product” means an article
that—
(1) Is wholly the growth, product, or manufacture of
Bahrain or Morocco ; 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 or Morocco 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.
“Component” means an article, material, or supply incorporated directly into an end product.
“Cost of components” means—
(3) 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
(4) For components manufactured by the Contractor, all
costs associated with the manufacture of the component,
52.2-139