9000-0025_Justification_2008

SUPPORTING STATEMENT
FOR PAPERWORK REDUCTION ACT SUBMISSION
9000-0025, Buy American Act, Trade Agreements Act
Certificate
A.

Justification.

1. Administrative requirements. Under the Trade Agreements
Act of 1979, unless specifically exempted by statute or
regulation, agencies are required to evaluate offers over a
certain dollar limitation not to supply an eligible product
without regard to the restrictions of the Buy American Act.
Offerors identify excluded end products on this certificate.
2. Uses of information. The contracting officer uses the
information to identify the offered items which are domestic
end products. Items having components of unknown origin are
considered to have been mined, produced, or manufactured
outside the United States or a designated country, Caribbean
Basin country, or Free Trade Agreement country.
3. Consideration of information technology. Information
technology has been applied to the maximum extent possible.
This information collection requirement has been
incorporated in the Online Representations and
Certifications Administration (ORCA) program under the
Integrated Acquisition Environment, an E-Government
initiative.
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.
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
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2008 Justification

Federal Register at 72 FR 56728, October 4, 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 or
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............................x
Total annual responses........................
Estimated hrs/response........................x
Estimated total burden/hrs....................
Estimated cost to public ($24 + 75% OH).......

1,140
10
11,400
.109
1,238
$51,996

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

.167
11,400
1,904
$20
$38,080
100%
$76,160

15. Explain reasons for program changes or adjustments
reported in Item 13 or 14. This submission requests an
extension of OMB approval of an information collection
requirement in the FAR. The information collection
requirement in the FAR remains unchanged.
16. Outline plans for published results of information
collections. Results will not be tabulated or published.
17. Approval not to display expiration date.
applicable.

Not

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2008 Justification

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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2008 Justification

FAC 2005–19 AUGUST 17, 2007
SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
“United States” means the 50 States, the District of Columbia, and outlying areas.
“U.S.-made end product” means an article that is mined,
produced, or manufactured in the United States or that is substantially transformed in the United States 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.
“WTO GPA country end product” means an article that—
(1) Is wholly the growth, product, or manufacture of a
WTO GPA 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 WTO GPA 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.
(b) Delivery of end products. The Contracting Officer has
determined that the WTO GPA and FTAs 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 U.S.-made or designated country end
products except to the extent that, in its offer, it specified
delivery of other end products in the provision entitled “Trade
Agreements Certificate.”
(End of clause)
52.225-6 Trade Agreements Certificate.
As prescribed in 25.1101(c)(2), insert the following
provision:
TRADE AGREEMENTS CERTIFICATE (JAN 2005)
(a) The offeror certifies that each end product, except those
listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this
solicitation entitled “Trade Agreements.”
(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end
products.
Other End Products:
LINE ITEM NO.
______________
______________
______________

COUNTRY OF ORIGIN
_________________
_________________
_________________

[List as necessary]

52.225-7
(c) The Government will evaluate offers in accordance
with the policies and procedures of Part 25 of the Federal
Acquisition Regulation. For line items covered by the WTO
GPA, the Government will evaluate offers of U.S.-made or
designated country end products without regard to the restrictions of the Buy American Act. The Government will consider
for award only offers of U.S.-made or designated country end
products unless the Contracting Officer determines that there
are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this
solicitation.
(End of provision)
52.225-7 Waiver of Buy American Act for Civil Aircraft
and Related Articles.
As prescribed in 25.1101(d), insert the following
provision:
WAIVER OF BUY AMERICAN ACT FOR CIVIL AIRCRAFT
AND RELATED ARTICLES (FEB 2000)
(a) Definition. “Civil aircraft and related articles,” as used
in this provision, means—
(1) All aircraft other than aircraft to be purchased for use
by the Department of Defense or the U.S. Coast Guard;
(2) The engines (and parts and components for incorporation into the engines) of these aircraft;
(3) Any other parts, components, and subassemblies for
incorporation into the aircraft; and
(4) Any ground flight simulators, and parts and components of these simulators, for use with respect to the aircraft,
whether to be used as original or replacement equipment in the
manufacture, repair, maintenance, rebuilding, modification,
or conversion of the aircraft, and without regard to whether the
aircraft or articles receive duty-free treatment under
section 601(a)(2) of the Trade Agreements Act.
(b) The U.S. Trade Representative has waived the Buy
American Act for acquisitions of civil aircraft and related articles from countries that are parties to the Agreement on Trade
in Civil Aircraft. Those countries are Austria, Belgium, Bulgaria, Canada, Denmark, Egypt, Finland, France, Germany,
Greece, Ireland, Italy, Japan, Luxembourg, Macao, the Netherlands, Norway, Portugal, Romania, Spain, Sweden, Switzerland, and the United Kingdom.
(c) For the purpose of this waiver, an article is a product of
a country only if—
(1) It is wholly the growth, product, or manufacture of
that country; or
(2) In the case of an article that consists in whole or in
part of materials from another country, it has been substantially transformed 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.
52.2-143