Dfars 252225-7040

Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(Revised January 15, 2009)
252.225-7000 Buy American Act--Balance of Payments Program Certificate.
As prescribed in 225.1101(1), use the following provision:
BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE
(JAN 2009)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “domestic end
product,” “foreign end product,” “qualifying country,” “qualifying country end product,”
and “United States” have the meanings given in the Buy American Act and Balance of
Payments Program clause of this solicitation.
(b) Evaluation. The Government—
(1) Will evaluate offers in accordance with the policies and procedures of Part
225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will evaluate offers of qualifying country end products without regard to the
restrictions of the Buy American Act or the Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For all line items subject to the Buy American Act and Balance of Payments
Program clause of this solicitation, the offeror certifies that—
(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this
provision, is a domestic end product; and
(ii) For end products other than COTS items, components of unknown
origin are considered to have been mined, produced, or manufactured outside the
United States or a qualifying country.
(2) The offeror certifies that the following end products are qualifying country
end products:
Line Item Number

Country of Origin

(3) The following end products are other foreign end products, including end
products manufactured in the United States that do not qualify as domestic end

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products, i.e., an end product that is not a COTS item and does not meet the component
test in paragraph (ii) of the definition of “domestic end product”:
Line Item Number

Country of Origin (If known)

(End of provision)
252.225-7001 Buy American Act and Balance of Payments Program.
As prescribed in 225.1101(2), use the following clause:
BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JAN 2009)
(a) Definitions. As used in this clause⎯
(1) “Commercially available off-the-shelf (COTS) item”—
(i) Means any item of supply (including construction material) that is—
(A) A commercial item (as defined in paragraph (1) of the definition of
“commercial item” in section 2.101 of the Federal Acquisition Regulation);
(B) Sold in substantial quantities in the commercial marketplace; and
(C) 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
(ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act
of 1984 (46 U.S.C. 40102), such as agricultural products and petroleum products.
(2) “Component” means an article, material, or supply incorporated directly
into an end product.
(3) “Domestic end product” means—
(i) An unmanufactured end product that has been mined or produced in the
United States; or
(ii) An end product manufactured in the United States if—

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(A) The cost of its qualifying country components and its components
that are mined, produced, or manufactured in the United States exceeds 50 percent of
the cost of all its components. The cost of components includes transportation costs to
the place of incorporation into the end product and U.S. duty (whether or not a dutyfree entry certificate is issued). Scrap generated, collected, and prepared for processing
in the United States is considered domestic. A component is considered to have been
mined, produced, or manufactured in the United States (regardless of its source in fact)
if the end product in which it is incorporated is manufactured in the United States and
the component is of a class or kind for which the Government has determined that—
(1) Sufficient and reasonably available commercial quantities of a
satisfactory quality are not mined, produced, or manufactured in the United States; or
(2) It is inconsistent with the public interest to apply the
restrictions of the Buy American Act; or
(B) The end product is a COTS item.
(4) “End product” means those articles, materials, and supplies to be acquired
under this contract for public use.
(5) “Foreign end product” means an end product other than a domestic end
product.
(6) “Qualifying country” means any country set forth in subsection 225.872-1 of
the Defense Federal Acquisition Regulation Supplement (DFARS).
(7) “Qualifying country component” means a component mined, produced, or
manufactured in a qualifying country.
(8) “Qualifying country end product” means—
country; or

(i) An unmanufactured end product mined or produced in a qualifying

(ii) An end product manufactured in a qualifying country if the cost of the
following types of components exceeds 50 percent of the cost of all its components:
country.
States.

1998 EDITION

(A) Components mined, produced, or manufactured in a qualifying
(B) Components mined, produced, or manufactured in the United

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(C) Components of foreign origin of a class or kind for which the
Government has determined that sufficient and reasonably available commercial
quantities of a satisfactory quality are not mined, produced, or manufactured in the
United States.
areas.

(9) “United States” means the 50 States, the District of Columbia, and outlying

(b) This clause implements the Buy American Act (41 U.S.C. Section 10a-d). In
accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived
for an end product that is a COTS item (see section 12.505(a)(1) of the Federal
Acquisition Regulation). Unless otherwise specified, this clause applies to all line items
in the contract.
(c) The Contractor shall deliver only domestic end products unless, in its offer, it
specified delivery of other end products in the Buy American Act⎯Balance of Payments
Program Certificate provision of the solicitation. If the Contractor certified in its offer
that it will deliver a qualifying country end product, the Contractor shall deliver a
qualifying country end product or, at the Contractor’s option, a domestic end product.
(d) The contract price does not include duty for end products or components for
which the Contractor will claim duty-free entry.
(End of clause)
252.225-7002 Qualifying Country Sources as Subcontractors.
As prescribed in 225.1101(3), use the following clause:
QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003)
(a) Definition. “Qualifying country,” as used in this clause, means any country set
forth in subsection 225.872-1 of the Defense Federal Acquisition Regulation (FAR)
Supplement.
(b) Subject to the restrictions in section 225.872 of the Defense FAR Supplement,
the Contractor shall not preclude qualifying country sources or U.S. sources from
competing for subcontracts under this contract.
(End of clause)
252.225-7003 Report of Intended Performance Outside the United States and
Canada—Submission with Offer.

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As prescribed in 225.7204(a), use the following provision:
REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND
CANADA—SUBMISSION WITH OFFER (DEC 2006)
(a) Definition. “United States,” as used in this provision, means the 50 States, the
District of Columbia, and outlying areas.
(b) The offeror shall submit, with its offer, a report of intended performance outside
the United States and Canada if—
(1) The offer exceeds $11.5 million in value; and
(2) The offeror is aware that the offeror or a first-tier subcontractor intends to
perform any part of the contract outside the United States and Canada that—
(i) Exceeds $550,000 in value; and
(ii) Could be performed inside the United States or Canada.
(c) Information to be reported includes that for—
(1) Subcontracts;
(2) Purchases; and
(3) Intracompany transfers when transfers originate in a foreign location.
(d) The offeror shall submit the report using—
or

(1) DD Form 2139, Report of Contract Performance Outside the United States;

(2) A computer-generated report that contains all information required by DD
Form 2139.
(e) The offeror may obtain a copy of DD Form 2139 from the Contracting Officer or
via the Internet at
http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.
(End of provision)
252.225-7004 Report of Intended Performance Outside the United States and

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Canada—Submission after Award.
As prescribed in 225.7204(b), use the following clause:
REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND
CANADA—SUBMISSION AFTER AWARD (MAY 2007)
(a) Definition. “United States,” as used in this clause, means the 50 States, the
District of Columbia, and outlying areas.
(b) Reporting requirement. The Contractor shall submit a report in accordance with
this clause, if the Contractor or a first-tier subcontractor will perform any part of this
contract outside the United States and Canada that—
(1) Exceeds $550,000 in value; and
(2) Could be performed inside the United States or Canada.
(c) Submission of reports. The Contractor—
(1) Shall submit a report as soon as practical after the information is known;
(2) To the maximum extent practicable, shall submit a report regarding a firsttier subcontractor at least 30 days before award of the subcontract;
(3) Need not resubmit information submitted with its offer, unless the
information changes;
(4) Shall submit all reports to the Contracting Officer; and
(5) Shall submit a copy of each report to: Deputy Director of Defense
Procurement and Acquisition Policy (Contract Policy and International Contracting),
OUSD(AT&L)DPAP(CPIC), Washington, DC 20301-3060.
(d) Report format. The Contractor—
(1) Shall submit reports using—
States; or

(i) DD Form 2139, Report of Contract Performance Outside the United

(ii) A computer-generated report that contains all information required by
DD Form 2139; and

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(2) May obtain copies of DD Form 2139 from the Contracting Officer or via
the Internet at
http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.
(End of clause)
252.225-7005 Identification of Expenditures in the United States.
As prescribed in 225.1103(1), use the following clause:
IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES (JUN 2005)
(a) Definition. “United States,” as used in this clause, means the 50 States, the
District of Columbia, and outlying areas.
(b) This clause applies only if the Contractor is-(1) A concern incorporated in the United States (including a subsidiary that is
incorporated in the United States, even if the parent corporation is not incorporated in
the United States); or
(2) An unincorporated concern having its principal place of business in the
United States.
(c) On each invoice, voucher, or other request for payment under this contract, the
Contractor shall identify that part of the requested payment that represents estimated
expenditures in the United States. The identification—
(1) May be expressed either as dollar amounts or as percentages of the total
amount of the request for payment;
(2) Should be based on reasonable estimates; and
(3) Shall state the full amount of the payment requested, subdivided into the
following categories:
(i) U.S. products--expenditures for material and equipment manufactured
or produced in the United States, including end products, components, or construction
material, but excluding transportation;
(ii) U.S. services--expenditures for services performed in the United States,
including all charges for overhead, other indirect costs, and profit under construction or
service contracts;

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(iii) Transportation on U.S. carriers--expenditures for transportation
furnished by U.S. flag, ocean, surface, and air carriers; and
this clause.

(iv) Expenditures not identified under paragraphs (c)(3)(i) through (iii) of

(d) Nothing in this clause requires the establishment or maintenance of detailed
accounting records or gives the U.S. Government any right to audit the Contractor's
books or records.
(End of clause)
252.225-7006 Quarterly Reporting of Actual Contract Performance Outside
the United States.
As prescribed in 225.7204(c), use the following clause:
QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE
THE UNITED STATES (MAY 2007)
(a) Definition. “United States,” as used in this clause, means the 50 States, the
District of Columbia, and outlying areas.
(b) Reporting requirement. Except as provided in paragraph (c) of this clause,
within 10 days after the end of each quarter of the Government’s fiscal year, the
Contractor shall report any subcontract, purchase, or intracompany transfer that—
(1) Will be or has been performed outside the United States;
(2) Exceeds the simplified acquisition threshold in Part 2 of the Federal
Acquisition Regulation; and
(3) Has not been identified in a report for a previous quarter.
(c) Exception. Reporting under this clause is not required if—
(1) A foreign place of performance is the principal place of performance of the
contract; and
(2) The Contractor specified the foreign place of performance in its offer.
(d) Submission of reports. The Contractor shall submit the reports required by this
clause to: Deputy Director of Defense Procurement and Acquisition Policy (Contract
Policy and International Contracting), OUSD(AT&L)DPAP(CPIC), Washington, DC

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20301-3060.
(e) Report format. The Contractor—
(1) Shall submit reports using—
States; or

(i) DD Form 2139, Report of Contract Performance Outside the United

(ii) A computer-generated report that contains all information required by
DD Form 2139; and
(2) May obtain copies of DD Form 2139 from the Contracting Officer or via
the Internet at
http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.
(f) Subcontracts. The Contractor—
(1) Shall include the substance of this clause in all first-tier subcontracts
exceeding $550,000, except those for commercial items, construction, ores, natural
gases, utilities, petroleum products and crudes, timber (logs), or subsistence;
(2) Shall provide the number of this contract to its subcontractors required to
submit reports under this clause; and
(3) Shall require the subcontractor, with respect to performance of its
subcontract, to comply with the requirements directed to the Contractor in paragraphs
(b) through (e) of this clause.
(End of clause)
252.225-7007 Prohibition on Acquisition of United States Munitions List Items
from Communist Chinese Military Companies.
As prescribed in 225.1103(4), use the following clause:
PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS
FROM COMMUNIST CHINESE MILITARY COMPANIES (SEP 2006)
(a) Definitions. As used in this clause—
“Communist Chinese military company” means any entity that is—
(1) A part of the commercial or defense industrial base of the People’s Republic

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of China; or
(2) Owned or controlled by, or affiliated with, an element of the Government or
armed forces of the People’s Republic of China.
“United States Munitions List” means the munitions list of the International
Traffic in Arms Regulation in 22 CFR Part 121.
(b) Any supplies or services covered by the United States Munitions List that are
delivered under this contract may not be acquired, directly or indirectly, from a
Communist Chinese military company.
(c) The Contractor shall insert the substance of this clause, including this
paragraph (c), in all subcontracts for items covered by the United States Munitions
List.
(End of clause)
252.225-7008 Reserved.
252.225-7009 Reserved.
252.225-7010 Reserved.
252.225-7011 Restriction on Acquisition of Supercomputers.
As prescribed in 225.7012-3, use the following clause:
RESTRICTION ON ACQUISITION OF SUPERCOMPUTERS (JUN 2005)
Supercomputers delivered under this contract shall be manufactured in the United
States or its outlying areas.
(End of clause)
252.225-7012 Preference for Certain Domestic Commodities.
As prescribed in 225.7002-3(a), use the following clause:
PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2008)
(a) Definitions. As used in this clause—
(1) “Component” means any item supplied to the Government as part of an end
product or of another component.

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(2) “End product” means supplies delivered under a line item of this contract.
(3) "Qualifying country" means a country with a memorandum of
understanding or international agreement with the United States. The following are
qualifying countries:
Australia
Austria
Belgium
Canada
Denmark
Egypt
Finland
France
Germany
Greece
Israel
Italy
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland.
areas.

(4) “United States” means the 50 States, the District of Columbia, and outlying

(5) “U.S.-flag vessel” means a vessel of the United States or belonging to the
United States, including any vessel registered or having national status under the laws
of the United States.
(b) The Contractor shall deliver under this contract only such of the following items,
either as end products or components, that have been grown, reprocessed, reused, or
produced in the United States:
(1) Food.

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(2) Clothing and the materials and components thereof, other than sensors,
electronics, or other items added to, and not normally associated with, clothing and the
materials and components thereof. Clothing includes items such as outerwear,
headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and
insignia.
(3) Tents, tarpaulins, or covers.
(4) Cotton and other natural fiber products.
(5) Woven silk or woven silk blends.
(6) Spun silk yarn for cartridge cloth.
(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and
yarns that are for use in such fabrics.
(8) Canvas products.
(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials,
or manufactured articles).
(10) Any item of individual equipment (Federal Supply Class 8465)
manufactured from or containing fibers, yarns, fabrics, or materials listed in this
paragraph (b).
(c) This clause does not apply—
(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation
(FAR), or other items for which the Government has determined that a satisfactory
quality and sufficient quantity cannot be acquired as and when needed at U.S. market
prices;
(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in
an end product, for which the estimated value of the cotton, other natural fibers, or
wool—
(i) Is not more than 10 percent of the total price of the end product; and
(ii) Does not exceed the simplified acquisition threshold in FAR Part 2;
(3) To waste and byproducts of cotton or wool fiber for use in the production of
propellants and explosives;

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(4) To foods, other than fish, shellfish, or seafood, that have been manufactured
or processed in the United States, regardless of where the foods (and any component if
applicable) were grown or produced. Fish, shellfish, or seafood manufactured or
processed in the United States and fish, shellfish, or seafood contained in foods
manufactured or processed in the United States shall be provided in accordance with
paragraph (d) of this clause;
(5) To chemical warfare protective clothing produced in a qualifying country; or
(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic
fabric (but does apply to the synthetic or coated synthetic fabric itself), if—
(i) The fabric is to be used as a component of an end product that is not a
textile product. Examples of textile products, made in whole or in part of fabric,
include⎯
(A) Draperies, floor coverings, furnishings, and bedding (Federal
Supply Group 72, Household and Commercial Furnishings and Appliances);
(B) Items made in whole or in part of fabric in Federal Supply Group
83, Textile/leather/furs/apparel/findings/tents/flags, or Federal Supply Group 84,
Clothing, Individual Equipment and Insignia;
(C) Upholstered seats (whether for household, office, or other use); and
(D) Parachutes (Federal Supply Class 1670); or
(ii) The fibers and yarns are para-aramid fibers and yarns manufactured in
a qualifying country.
(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in
foods delivered under this contract—
(i) Shall be taken from the sea by U.S.-flag vessels; or
(ii) If not taken from the sea, shall be obtained from fishing within the
United States; and
(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be
performed on a U.S.-flag vessel or in the United States.
(End of clause)

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252.225-7013 Duty-Free Entry.
As prescribed in 225.1101(4), use the following clause:
DUTY-FREE ENTRY (OCT 2006)
(a) Definitions. As used in this clause—
(1) “Customs territory of the United States” means the 50 States, the District of
Columbia, and Puerto Rico.
(2) “Eligible product” means—
(i) “Designated country end product” as defined in the Trade Agreements
clause of this contract;
(ii) “Free Trade Agreement country end product,” other than a “Bahrainian
end product” or a “Moroccan end product,” as defined in the Buy American Act—Free
Trade Agreements—Balance of Payments Program clause of this contract; or
(iii) “Canadian end product” as defined in Alternate I of the Buy American
Act—Free Trade Agreements—Balance of Payments Program clause of this contract.
(3) “Qualifying country” and “qualifying country end product” have the
meanings given in the Trade Agreements clause, the Buy American Act and Balance of
Payments Program clause, or the Buy American Act--Free Trade Agreements--Balance
of Payments Program clause of this contract.
(b) Except as provided in paragraph (i) of this clause, or unless supplies were
imported into the customs territory of the United States before the date of this contract
or the applicable subcontract, the price of this contract shall not include any amount for
duty on—
(1) End items that are eligible products or qualifying country end products;
(2) Components (including, without limitation, raw materials and intermediate
assemblies) produced or made in qualifying countries, that are to be incorporated in
U.S.- made end products to be delivered under this contract; or
(3) Other supplies for which the Contractor estimates that duty will exceed
$200 per shipment into the customs territory of the United States.
(c) The Contractor shall--

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(1) Claim duty-free entry only for supplies that the Contractor intends to
deliver to the Government under this contract, either as end items or components of
end items; and
(2) Pay duty on supplies, or any portion thereof, that are diverted to
nongovernmental use, other than—
(i) Scrap or salvage; or
Officer.

(ii) Competitive sale made, directed, or authorized by the Contracting

(d) Except as the Contractor may otherwise agree, the Government will execute
duty-free entry certificates and will afford such assistance as appropriate to obtain the
duty-free entry of supplies—
(1) For which no duty is included in the contract price in accordance with
paragraph (b) of this clause; and
(2) For which shipping documents bear the notation specified in paragraph (e)
of this clause.
(e) For foreign supplies for which the Government will issue duty-free entry
certificates in accordance with this clause, shipping documents submitted to Customs
shall—
(1) Consign the shipments to the appropriate—
(i) Military department in care of the Contractor, including the Contractor's
delivery address; or
(ii) Military installation; and
(2) Include the following information:
(i) Prime contract number and, if applicable, delivery order number.
(ii) Number of the subcontract for foreign supplies, if applicable.
(iii) Identification of the carrier.
(iv)(A) For direct shipments to a U.S. military installation, the notation:

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“UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE Duty-Free Entry
to be claimed pursuant to Section XXII, Chapter 98, Subchapter VIII, Item 9808.00.30
of the Harmonized Tariff Schedule of the United States. Upon arrival of shipment at
the appropriate port of entry, District Director of Customs, please release shipment
under 19 CFR Part 142 and notify Commander, Defense Contract Management Agency
(DCMA) New York, ATTN: Customs Team, DCMAE-GNTF, 207 New York Avenue,
Staten Island, New York, 10305-5013, for execution of Customs Form 7501, 7501A, or
7506 and any required duty-free entry certificates.”
(B) If the shipment will be consigned to other than a military
installation, e.g., a domestic contractor's plant, the shipping document notation shall be
altered to include the name and address of the contractor, agent, or broker who will
notify Commander, DCMA New York, for execution of the duty-free entry certificate.
(If the shipment will be consigned to a contractor’s plant and no duty-free entry
certificate is required due to a trade agreement, the Contractor shall claim duty-free
entry under the applicable trade agreement and shall comply with the U.S. Customs
Service requirements. No notification to Commander, DCMA New York, is required.)
(v) Gross weight in pounds (if freight is based on space tonnage, state cubic
feet in addition to gross shipping weight).
(vi) Estimated value in U.S. dollars.
(vii) Activity address number of the contract administration office
administering the prime contract, e.g., for DCMA Dayton, S3605A.
(f) Preparation of customs forms.
shall—

(1)(i) Except for shipments consigned to a military installation, the Contractor

(A) Prepare any customs forms required for the entry of foreign
supplies into the customs territory of the United States in connection with this contract;
and
(B) Submit the completed customs forms to the District Director of
Customs, with a copy to DCMA NY for execution of any required duty-free entry
certificates.
(ii) Shipments consigned directly to a military installation will be released
in accordance with sections 10.101 and 10.102 of the U.S. Customs regulations.
(2) For shipments containing both supplies that are to be accorded duty-free

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entry and supplies that are not, the Contractor shall identify on the customs forms
those items that are eligible for duty-free entry.
(g) The Contractor shall—
(1) Prepare (if the Contractor is a foreign supplier), or shall instruct the foreign
supplier to prepare, a sufficient number of copies of the bill of lading (or other shipping
document) so that at least two of the copies accompanying the shipment will be
available for use by the District Director of Customs at the port of entry;
(2) Consign the shipment as specified in paragraph (e) of this clause; and
(3) Mark on the exterior of all packages-and

(i) “UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE”;

(ii) The activity address number of the contract administration office
administering the prime contract.
(h) The Contractor shall notify the Administrative Contracting Officer (ACO) in
writing of any purchase of eligible products or qualifying country supplies to be
accorded duty-free entry, that are to be imported into the customs territory of the
United States for delivery to the Government or for incorporation in end items to be
delivered to the Government. The Contractor shall furnish the notice to the ACO
immediately upon award to the supplier and shall include in the notice—
(1) The Contractor’s name, address, and Commercial and Government Entity
(CAGE) code;
(2) Prime contract number and, if applicable, delivery order number;
(3) Total dollar value of the prime contract or delivery order;
order;

(4) Date of the last scheduled delivery under the prime contract or delivery
(5) Foreign supplier's name and address;
(6) Number of the subcontract for foreign supplies;
(7) Total dollar value of the subcontract for foreign supplies;

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(8) Date of the last scheduled delivery under the subcontract for foreign
supplies;
(9) List of items purchased;
(10) An agreement that the Contractor will pay duty on supplies, or any portion
thereof, that are diverted to nongovernmental use other than—
(i) Scrap or salvage; or
Officer;

(ii) Competitive sale made, directed, or authorized by the Contracting
(11) Country of origin; and
(12) Scheduled delivery date(s).

(i) This clause does not apply to purchases of eligible products or qualifying country
supplies in connection with this contract if—
(1) The supplies are identical in nature to supplies purchased by the Contractor
or any subcontractor in connection with its commercial business; and
(2) It is not economical or feasible to account for such supplies so as to ensure
that the amount of the supplies for which duty-free entry is claimed does not exceed the
amount purchased in connection with this contract.
(j) The Contractor shall—
(1) Insert the substance of this clause, including this paragraph (j), in all
subcontracts for—
(i) Qualifying country components; or
(ii) Nonqualifying country components for which the Contractor estimates
that duty will exceed $200 per unit;
(2) Require subcontractors to include the number of this contract on all
shipping documents submitted to Customs for supplies for which duty-free entry is
claimed pursuant to this clause; and
(3) Include in applicable subcontracts—

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(i) The name and address of the ACO for this contract;
(ii) The name, address, and activity address number of the contract
administration office specified in this contract; and
clause.

(iii) The information required by paragraphs (h)(1), (2), and (3) of this
(End of clause)

252.225-7014 Preference for Domestic Specialty Metals.
As prescribed in 225.7002-3(b)(1), use the following clause:
PREFERENCE FOR DOMESTIC SPECIALTY METALS (JUN 2005)
(a) Definitions. As used in this clause—
(1) “Qualifying country” means any country listed in subsection 225.872-1 of the
Defense Federal Acquisition Regulation Supplement.
(2) “Specialty metals” means—
(i) Steel—
(A) With a maximum alloy content exceeding one or more of the
following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent;
or
(B) Containing more than 0.25 percent of any of the following elements:
aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or
vanadium;
(ii) Metal alloys consisting of nickel, iron-nickel, and cobalt base alloys
containing a total of other alloying metals (except iron) in excess of 10 percent;
(iii) Titanium and titanium alloys; or
(iv) Zirconium and zirconium base alloys.
(b) Any specialty metals incorporated in articles delivered under this contract shall
be melted in the United States or its outlying areas.
(c) This clause does not apply to specialty metals—

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(1) Melted in a qualifying country or incorporated in an article manufactured in
a qualifying country; or
(2) Purchased by a subcontractor at any tier.
(End of clause)
ALTERNATE I (APR 2003)
As prescribed in 225.7002-3(b)(2), substitute the following paragraph (c) for paragraph
(c) of the basic clause, and add the following paragraph (d) to the basic clause:
(c) This clause does not apply to specialty metals melted in a qualifying country or
incorporated in an article manufactured in a qualifying country.
(d) The Contractor shall insert the substance of this clause, including this
paragraph (d), in all subcontracts for items containing specialty metals.
252.225-7015 Restriction on Acquisition of Hand or Measuring Tools.
As prescribed in 225.7002-3(c), use the following clause:
RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (JUN 2005)
Hand or measuring tools delivered under this contract shall be produced in the United
States or its outlying areas.
(End of clause)
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.
As prescribed in 225.7009-5, use the following clause:
RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (MAR 2006)
(a) Definitions. As used in this clause⎯
(1) “Bearing components” means the bearing element, retainer, inner race, or
outer race.
(2) “Component,” other than bearing components, means any item supplied to
the Government as part of an end product or of another component.
(3) “End product” means supplies delivered under a line item of this contract.

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Part 252—Solicitation Provisions and Contract Clauses

(b) Except as provided in paragraph (c) of this clause, all ball and roller bearings
and ball and roller bearing components delivered under this contract, either as end
items or components of end items, shall be wholly manufactured in the United States,
its outlying areas, or Canada. Unless otherwise specified in this contract, raw
materials, such as preformed bar, tube, or rod stock and lubricants, need not be mined
or produced in the United States, its outlying areas, or Canada.
(c) The restriction in paragraph (b) of this clause does not apply to ball or roller
bearings that are acquired as—
(1) Commercial components of a noncommercial end product; or
(2) Commercial or noncommercial components of a commercial component of a
noncommercial end product.
(d) The restriction in paragraph (b) of this clause may be waived upon request from
the Contractor in accordance with subsection 225.7009-4 of the Defense Federal
Acquisition Regulation Supplement.
(e) The Contractor shall insert the substance of this clause, including this
paragraph (e), in all subcontracts, except those for⎯
(1) Commercial items; or
(2) Items that do not contain ball or roller bearings.
(End of clause)
252.225-7017 Reserved.
252.225-7018 Notice of Prohibition of Certain Contracts with Foreign Entities
for the Conduct of Ballistic Missile Defense Research, Development, Test, and
Evaluation.
As prescribed in 225.7017-4, use the following provision:
NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN
ENTITIES FOR THE CONDUCT OF BALLISTIC MISSILE DEFENSE RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION
(JUN 2005)
(a) Definitions.

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Part 252—Solicitation Provisions and Contract Clauses

(1) “Competent” means the ability of an offeror to satisfy the requirements of
the solicitation. This determination is based on a comprehensive assessment of each
offeror's proposal including consideration of the specific areas of evaluation criteria in
the relative order of importance described in the solicitation.
(2) “Foreign firm” means a business entity owned or controlled by one or more
foreign nationals or a business entity in which more than 50 percent of the stock is
owned or controlled by one or more foreign nationals.
(3) “U.S. firm” means a business entity other than a foreign firm.
(b) Except as provided in paragraph (c) of this provision, the Department of Defense
will not enter into or carry out any contract, including any contract awarded as a result
of a broad agency announcement, with a foreign government or firm if the contract
provides for the conduct of research, development, test, or evaluation in connection with
the Ballistic Missile Defense Program. However, foreign governments and firms are
encouraged to submit offers, since this provision is not intended to restrict access to
unique foreign expertise if the contract will require a level of competency unavailable in
the United States or its outlying areas.
(c) This prohibition does not apply to a foreign government or firm if—
areas;

(1) The contract will be performed within the United States or its outlying

(2) The contract is exclusively for research, development, test, or evaluation in
connection with antitactical ballistic missile systems;
(3) The foreign government or firm agrees to share a substantial portion of the
total contract cost. The foreign share is considered substantial if it is equitable with
respect to the relative benefits that the United States and the foreign parties will derive
from the contract. For example, if the contract is more beneficial to the foreign party,
its share of the costs should be correspondingly higher; or
(4) The U.S. Government determines that a U.S. firm cannot competently
perform the contract at a price equal to or less than the price at which a foreign
government or firm can perform the contract.
(d) The offeror (_____) is (_____) is not a U.S. firm.
(End of provision)

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain.
As prescribed in 225.7007-3, use the following clause:
RESTRICTION ON ACQUISITION OF ANCHOR AND MOORING CHAIN
(JUN 2005)
(a) Welded shipboard anchor and mooring chain, four inches or less in diameter,
delivered under this contract—
(1) Shall be manufactured in the United States or its outlying areas, including
cutting, heat treating, quality control, testing, and welding (both forging and shot
blasting process); and
(2) The cost of the components manufactured in the United States or its
outlying areas shall exceed 50 percent of the total cost of components.
(b) The Contractor may request a waiver of this restriction if adequate domestic
supplies meeting the requirements in paragraph (a) of this clause are not available to
meet the contract delivery schedule.
(c) The Contractor shall insert the substance of this clause, including this
paragraph (c), in all subcontracts for items containing welded shipboard anchor and
mooring chain, four inches or less in diameter.
(End of clause)
252.225-7020 Trade Agreements Certificate.
As prescribed in 225.1101(5), use the following provision:
TRADE AGREEMENTS CERTIFICATE (JAN 2005)
(a) Definitions. “Designated country end product,” “nondesignated country end
product,” “qualifying country end product,” and “U.S.-made end product” have the
meanings given in the Trade Agreements clause of this solicitation.
(b) Evaluation. The Government—
(1) Will evaluate offers in accordance with the policies and procedures of Part
225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will consider only offers of end products that are U.S.-made, qualifying
country, or designated country end products unless—

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(i) There are no offers of such end products;
(ii) The offers of such end products are insufficient to fulfill the
Government’s requirements; or
(iii) A national interest waiver has been granted.
(c) Certification and identification of country of origin.
(1) For all line items subject to the Trade Agreements clause of this solicitation,
the offeror certifies that each end product to be delivered under this contract, except
those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or
designated country end product.
(2) The following supplies are other nondesignated country end products:
(Line Item Number)

(Country of Origin)

(End of provision)
252.225-7021 Trade Agreements.
As prescribed in 225.1101(6), use the following clause:
TRADE AGREEMENTS (NOV 2008)
(a) Definitions. As used in this clause⎯
(1) “Caribbean Basin country end product”⎯
(i) Means an article that⎯
country; or

(A) Is wholly the growth, product, or manufacture of a Caribbean Basin

(B) In the case of an article 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 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 its supply, provided that the value of those incidental services
does not exceed the value of the product itself; and

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(ii) Excludes products, other than petroleum and any product derived from
petroleum, that are not granted duty-free treatment under the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703(b)). These exclusions presently consist of⎯
(A) Textiles, apparel articles, footwear, handbags, luggage, flat goods,
work gloves, leather wearing apparel, and handloomed, handmade, or folklore articles
that are not granted duty-free status in the Harmonized Tariff Schedule of the United
States (HTSUS);
(B) Tuna, prepared or preserved in any manner in airtight containers;

and

(C) Watches and watch parts (including cases, bracelets, and straps) of
whatever type, including, but not limited to, mechanical, quartz digital, or quartz
analog, if such watches or watch parts contain any material that is the product of any
country to which the HTSUS column 2 rates of duty (HTSUS General Note 3(b)) apply.
(2) “Component” means an article, material, or supply incorporated directly
into an end product.
(3) “Designated country” means—
(i) A World Trade Organization Government Procurement Agreement
(WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, 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 the United
Kingdom);
(ii) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile,
Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua,
or Singapore);
(iii) A least developed country (Afghanistan, Angola, Bangladesh, Benin,
Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros,
Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea,
Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia,
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

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(iv) 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).
(4) “Designated country end product” means a WTO GPA country end product,
a Free Trade Agreement country end product, a least developed country end product, or
a Caribbean Basin country end product.
(5) “End product” means those articles, materials, and supplies to be acquired
under this contract for public use.
(6) “Free Trade Agreement country end product” means an article that⎯
(i) Is wholly the growth, product, or manufacture of a Free Trade
Agreement country; or
(ii) 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 its supply, provided that the value of those incidental services
does not exceed the value of the product itself.
(7) “Least developed country end product” means an article that—
country; or

(i) Is wholly the growth, product, or manufacture of a least developed

(ii) In the case of an article 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 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
its supply, provided that the value of those incidental services does not exceed the value
of the product itself.
(8) “Nondesignated country end product” means any end product that is not a
U.S.-made end product or a designated country end product.

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Part 252—Solicitation Provisions and Contract Clauses

(9) “Qualifying country” means any country set forth in subsection 225.872-1 of
the Defense Federal Acquisition Regulation Supplement.
(10) “Qualifying country end product” means⎯
country; or

(i) An unmanufactured end product mined or produced in a qualifying

(ii) An end product manufactured in a qualifying country if the cost of the
following types of components exceeds 50 percent of the cost of all its components:
(A) Components mined, produced, or manufactured in a qualifying

country.

(B) Components mined, produced, or manufactured in the United

States.

(C) Components of foreign origin of a class or kind for which the
Government has determined that sufficient and reasonably available commercial
quantities of a satisfactory quality are not mined, produced, or manufactured in the
United States.
(11) “United States” means the 50 States, the District of Columbia, and
outlying areas.
(12) “U.S.-made end product” means an article that⎯
(i) Is mined, produced, or manufactured in the United States; or
(ii) 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.
(13) “WTO GPA country end product” means an article that⎯
(i) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(ii) 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

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Part 252—Solicitation Provisions and Contract Clauses

its supply, provided that the value of those incidental services does not exceed the value
of the product itself.
(b) Unless otherwise specified, this clause applies to all items in the Schedule.
(c) The Contractor shall deliver under this contract only U.S.-made, qualifying
country, or designated country end products unless—
(1) In its offer, the Contractor specified delivery of other nondesignated country
end products in the Trade Agreements Certificate provision of the solicitation; and
(2)(i) Offers of U.S.-made, qualifying country, or designated country end
products from responsive, responsible offerors are either not received or are insufficient
to fill the Government’s requirements; or
(ii) A national interest waiver has been granted.
(d) The contract price does not include duty for end products or components for
which the Contractor will claim duty-free entry.
(e) The HTSUS is available on the Internet at
http://www.usitc.gov/tata/hts/bychapter/index.htm. The following sections of the
HTSUS provide information regarding duty-free status of articles specified in
paragraph (a)(2)(ii)(A) of this clause:
(1) General Note 3(c), Products Eligible for Special Tariff Treatment.
(2) General Note 17, Products of Countries Designated as Beneficiary Countries
Under the United States--Caribbean Basin Trade Partnership Act of 2000.
(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned,
Advanced or Improved Abroad, U.S. Note 7(b).
(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff
Benefits Under the United States--Caribbean Basin Trade Partnership Act.
(End of clause)
ALTERNATE I (SEP 2008)
As prescribed in 225.1101(6)(ii), add the following paragraph (a)(14) to the basic clause
and substitute the following paragraph (c) for paragraph (c) of the basic clause:
(a)(14) “Iraqi end product” means an article that—

1998 EDITION

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(i) Is wholly the growth, product, or manufacture of Iraq; or
(ii) In the case of an article that consists in whole or in part of materials from
another country, has been substantially transformed in Iraq 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 its supply,
provided that the value of those incidental services does not exceed the value of the
product itself.
(c) The Contractor shall deliver under this contract only U.S.-made, qualifying
country, Iraqi, or designated country end products unless—
(1) In its offer, the Contractor specified delivery of other nondesignated country
end products in the Trade Agreements Certificate provision of the solicitation; and
(2)(i) Offers of U.S.-made, qualifying country, Iraqi, or designated country end
products from responsive, responsible offerors are either not received or are insufficient
to fill the Government’s requirements; or
(ii) A national interest waiver has been granted.
252.225-7022 Trade Agreements Certificate – Inclusion of Iraqi End Products.
As prescribed in 225.1101(7), use the following provision:
TRADE AGREEMENTS CERTIFICATE – INCLUSION OF IRAQI END PRODUCTS
(SEP 2008)
(a) Definitions. “Designated country end product,” “Iraqi end product,”
“nondesignated country end product,” “qualifying country end product,” and “U.S.-made
end product” have the meanings given in the Trade Agreements clause of this
solicitation.
(b) Evaluation. The Government—
(1) Will evaluate offers in accordance with the policies and procedures of Part
225 of the Defense Federal Acquisition Regulation Supplement; and
(2) Will consider only offers of end products that are U.S.-made, qualifying
country, Iraqi, or designated country end products unless—

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(i) There are no offers of such end products;
(ii) The offers of such end products are insufficient to fulfill the
Government’s requirements; or
(iii) A national interest waiver has been granted.
(c) Certification and identification of country of origin.
(1) For all line items subject to the Trade Agreements clause of this solicitation,
the offeror certifies that each end product to be delivered under a contract resulting
from this solicitation, except those listed in paragraph (c)(2) of this provision, is a U.S.made, qualifying country, Iraqi, or designated country end product.
(2) The following supplies are other nondesignated country end products:
(Line Item Number)

(Country of Origin)
(End of provision)

252.225-7023 Preference for Products or Services from Iraq or Afghanistan.
As prescribed in 225.7703-5(a), use the following provision:
PREFERENCE FOR PRODUCTS OR SERVICES FROM IRAQ OR AFGHANISTAN
(SEP 2008)
(a) Definitions. “Product from Iraq or Afghanistan” and “service from Iraq or
Afghanistan,” as used in this provision, are defined in the clause of this solicitation
entitled “Requirement for Products or Services from Iraq or Afghanistan” (DFARS
252.225-7024).
(b) Representation. The offeror represents that all products or services to be
delivered under a contract resulting from this solicitation are products from Iraq or
Afghanistan or services from Iraq or Afghanistan, except those listed in—
(1) Paragraph (c) of this provision; or
(2) Paragraph (c)(2) of the provision entitled “Trade Agreements Certificate –
Inclusion of Iraqi End Products,” if included in this solicitation.
(c) Other products or services. The following offered products or services are not
products from Iraq or Afghanistan or services from Iraq or Afghanistan:

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Part 252—Solicitation Provisions and Contract Clauses

(Line Item Number)

(Country of Origin)

(d) Evaluation. For the purpose of evaluating competitive offers, the Contracting
Officer will increase by 50 percent the prices of offers of products or services that are
not products or services from Iraq or Afghanistan.
(End of provision)
252.225-7024 Requirement for Products or Services from Iraq or Afghanistan.
As prescribed in 225.7703-5(b), use the following clause:
REQUIREMENT FOR PRODUCTS OR SERVICES FROM IRAQ OR AFGHANISTAN
(SEP 2008)
(a) Definitions. As used in this clause—
(1) “Product from Iraq or Afghanistan” means a product that is mined,
produced, or manufactured in Iraq or Afghanistan.
(2) “Service from Iraq or Afghanistan” means a service that is performed in Iraq
or Afghanistan predominantly by citizens or permanent resident aliens of Iraq or
Afghanistan.
(b) The Contractor shall provide only products from Iraq or Afghanistan or services
from Iraq or Afghanistan under this contract, unless, in its offer, it specified that it
would provide products or services other than products from Iraq or Afghanistan or
services from Iraq or Afghanistan.
(End of clause)
252.225-7025 Restriction on Acquisition of Forgings.
As prescribed in 225.7102-4, use the following clause:
RESTRICTION ON ACQUISITION OF FORGINGS (JUL 2006)
(a) Definitions. As used in this clause⎯
(1) “Domestic manufacture” means—
(i) Manufactured in the United States or its outlying areas; or

1998 EDITION

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Part 252—Solicitation Provisions and Contract Clauses

(ii) Manufactured in Canada, if the Canadian firm normally produces
similar items or is currently producing the item in support of DoD contracts (as a
contractor or a subcontractor).
(2) “Forging items” means—
ITEMS
Ship propulsion shafts
Periscope tubes
Ring forgings for bull gears

CATEGORIES
Excludes service and landing craft shafts
All
All greater than 120 inches in diameter

(b) End items and their components delivered under this contract shall contain
forging items that are of domestic manufacture only.
(c) The restriction in paragraph (b) of this clause may be waived upon request from
the Contractor in accordance with subsection 225.7102-3 of the Defense Federal
Acquisition Regulation Supplement.
(d) The Contractor shall retain records showing compliance with the restriction in
paragraph (b) of this clause until 3 years after final payment and shall make the
records available upon request of the Contracting Officer.
(e) The Contractor shall insert the substance of this clause, including this
paragraph (e), in subcontracts for forging items or for other items that contain forging
items.
(End of clause)
252.225-7026 Acquisition Restricted to Products or Services from Iraq or
Afghanistan.
As prescribed in 225.7703-5(c), use the following clause:
ACQUISITION RESTRICTED TO PRODUCTS OR SERVICES FROM IRAQ OR
AFGHANISTAN (SEP 2008)
(a) Definitions. As used in this clause—
(1) “Product from Iraq or Afghanistan” means a product that is mined,
produced, or manufactured in Iraq or Afghanistan.

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Part 252—Solicitation Provisions and Contract Clauses

(2) “Service from Iraq or Afghanistan” means a service that is performed in Iraq
or Afghanistan predominantly by citizens or permanent resident aliens of Iraq or
Afghanistan.
(b) The Contractor shall provide only products from Iraq or Afghanistan or services
from Iraq or Afghanistan under this contract.
(End of clause)
252.225-7027 Restriction on Contingent Fees for Foreign Military Sales.
As prescribed in 225.7307(a), use the following clause.
RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES
(APR 2003)
(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in
the Covenant Against Contingent Fees clause of this contract, are generally an
allowable cost, provided the fees are paid to—
(1) A bona fide employee of the Contractor; or
(2) A bona fide established commercial or selling agency maintained by the
Contractor for the purpose of securing business.
(b) For foreign military sales, unless the contingent fees have been identified and
payment approved in writing by the foreign customer before contract award, the
following contingent fees are unallowable under this contract:
(1) For sales to the Government(s) of __________, contingent fees in any
amount.
(2) For sales to Governments not listed in paragraph (b)(1) of this clause,
contingent fees exceeding $50,000 per foreign military sale case.
(End of clause)
252.225-7028 Exclusionary Policies and Practices of Foreign Governments.
As prescribed in 225.7307(b), use the following clause:
EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS
(APR 2003)
The Contractor and its subcontractors shall not take into account the exclusionary

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Part 252—Solicitation Provisions and Contract Clauses

policies or practices of any foreign government in employing or assigning personnel, if—
(a) The personnel will perform functions required by this contract, either in the
United States or abroad; and
(b) The exclusionary policies or practices of the foreign government are based on
race, religion, national origin, or sex.
(End of clause)
252.225-7029 Reserved.
252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel
Plate.
As prescribed in 225.7011-3, use the following clause:
RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR
STEEL PLATE (DEC 2006)
(a) Carbon, alloy, and armor steel plate shall be melted and rolled in the United
States or Canada if the carbon, alloy, or armor steel plate—
(1) Is in Federal Supply Class 9515 or is described by specifications of the
American Society for Testing Materials or the American Iron and Steel Institute; and
(2)(i) Will be delivered to the Government for use in a Government-owned
facility or a facility under the control of the Department of Defense; or
(ii) Will be purchased by the Contractor for use in a Government-owned
facility or a facility under the control of the Department of Defense.
(b) This restriction—
(1) Applies to the acquisition of carbon, alloy, or armor steel plate as a finished
steel mill product that may be used “as is” or may be used as an intermediate material
for the fabrication of an end product; and
(2) Does not apply to the acquisition of an end product (e.g., a machine tool), to
be used in the facility, that contains carbon, alloy, or armor steel plate as a component.
(End of clause)

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

252.225-7031 Secondary Arab Boycott of Israel.
As prescribed in 225.7605, use the following provision:
SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)
(a) Definitions. As used in this provision—
(1) “Foreign person” means any person (including any individual, partnership,
corporation, or other form of association) other than a United States person.
(2) “United States” means the 50 States, the District of Columbia, outlying
areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.
(3) “United States person” is defined in 50 U.S.C. App. 2415(2) and means—
(i) Any United States resident or national (other than an individual
resident outside the United States who is employed by other than a United States
person);
(ii) Any domestic concern (including any permanent domestic establishment
of any foreign concern); and
(iii) Any foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern that is controlled in fact by such domestic
concern.
(b) Certification. If the offeror is a foreign person, the offeror certifies, by
submission of an offer, that it—
(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the
Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a
United States person from taking.
(End of provision)
252.225-7032 Waiver of United Kingdom Levies—Evaluation of Offers.
As prescribed in 225.1101(8), use the following provision:
WAIVER OF UNITED KINGDOM LEVIES – EVALUATION OF OFFERS
(APR 2003)

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(a) Offered prices for contracts or subcontracts with United Kingdom (U.K.) firms
may contain commercial exploitation levies assessed by the Government of the U.K.
The offeror shall identify to the Contracting Officer all levies included in the offered
price by describing—
(1) The name of the U.K. firm;
(2) The item to which the levy applies and the item quantity; and
(3) The amount of levy plus any associated indirect costs and profit or fee.
(b) In the event of difficulty in identifying levies included in a price from a
prospective subcontractor, the offeror may seek advice through the Director of
Procurement, United Kingdom Defence Procurement Office, British Embassy, 3100
Massachusetts Avenue NW, Washington, DC 20006.
(c) The U.S. Government may attempt to obtain a waiver of levies pursuant to the
U.S./U.K. reciprocal waiver agreement of July 1987.
(1) If the U.K. waives levies before award of a contract, the Contracting Officer
will evaluate the offer without the levy.
(2) If levies are identified but not waived before award of a contract, the
Contracting Officer will evaluate the offer inclusive of the levies.
(3) If the U.K. grants a waiver of levies after award of a contract, the U.S.
Government reserves the right to reduce the contract price by the amount of the levy
waived plus associated indirect costs and profit or fee.
(End of provision)
252.225-7033 Waiver of United Kingdom Levies.
As prescribed in 225.1101(9), use the following clause:
WAIVER OF UNITED KINGDOM LEVIES (APR 2003)
(a) The U.S. Government may attempt to obtain a waiver of any commercial
exploitation levies included in the price of this contract, pursuant to the U.S./United
Kingdom (U.K.) reciprocal waiver agreement of July 1987. If the U.K. grants a waiver
of levies included in the price of this contract, the U.S. Government reserves the right to
reduce the contract price by the amount of the levy waived plus associated indirect costs
and profit or fee.

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Part 252—Solicitation Provisions and Contract Clauses

(b) If the Contractor contemplates award of a subcontract exceeding
$1 million to a U.K. firm, the Contractor shall provide the following information to the
Contracting Officer before award of the subcontract:
(1) Name of the U.K. firm.
(2) Prime contract number.
(3) Description of item to which the levy applies.
(4) Quantity being acquired.
(5) Amount of levy plus any associated indirect costs and profit or fee.
(c) In the event of difficulty in identifying levies included in a price from a
prospective subcontractor, the Contractor may seek advice through the Director of
Procurement, United Kingdom Defence Procurement Office, British Embassy, 3100
Massachusetts Avenue NW, Washington, DC 20006.
(d) The Contractor shall insert the substance of this clause, including this
paragraph (d), in any subcontract for supplies where a lower-tier subcontract exceeding
$1 million with a U.K. firm is anticipated.
(End of clause)
252.225-7034 Reserved.
252.225-7035 Buy American Act--Free Trade Agreements--Balance of
Payments Program Certificate.
As prescribed in 225.1101(10), use the following provision:
BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS
PROGRAM CERTIFICATE (JAN 2009)
(a) Definitions. “Bahrainian end product,” “commercially available off-the-shelf
(COTS) item,” “domestic end product,” “Free Trade Agreement country,” “Free Trade
Agreement country end product,” “foreign end product,” “Moroccan end product,”
“qualifying country end product,” and “United States” have the meanings given in the
Buy American Act--Free Trade Agreements--Balance of Payments Program clause of
this solicitation.
(b) Evaluation. The Government—

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Part 252—Solicitation Provisions and Contract Clauses

(1) Will evaluate offers in accordance with the policies and procedures of Part
225 of the Defense Federal Acquisition Regulation Supplement; and
(2) For line items subject to Free Trade Agreements, will evaluate offers of
qualifying country end products or Free Trade Agreement country end products other
than Bahrainian end products or Moroccan end products without regard to the
restrictions of the Buy American Act or the Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For all line items subject to the Buy American Act—Free Trade
Agreements—Balance of Payments Program clause of this solicitation, the offeror
certifies that—
(i) Each end product, except the end products listed in paragraph (c)(2) of
this provision, is a domestic end product; and
(ii) Components of unknown origin are considered to have been mined,
produced, or manufactured outside the United States or a qualifying country.
(2) The offeror shall identify all end products that are not domestic end
products.
(i) The offeror certifies that the following supplies are qualifying country
(except Australian or Canadian) end products:
(Line Item Number)

(Country of Origin)

(ii) The offeror certifies that the following supplies are Free Trade
Agreement country end products other than Bahrainian end products or Moroccan end
products:
(Line Item Number)

(Country of Origin)

(iii) The following supplies are other foreign end products, including end
products manufactured in the United States that do not qualify as domestic end
products, i.e., an end product that is not a COTS item and does not meet the component
test in paragraph (ii) of the definition of “domestic end product”:
(Line Item Number)

(Country of Origin (If known))
(End of provision)

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

ALTERNATE I (OCT 2006)
As prescribed in 225.1101(10), substitute the phrase “Canadian end product” for the
phrases “Bahrainian end product,” “Free Trade Agreement country,” “Free Trade
Agreement country end product,” and “Moroccan end product” in paragraph (a) of the
basic provision; and substitute the phrase “Canadian end products” for the phrase “Free
Trade Agreement country end products other than Bahrainian end products or
Moroccan end products” in paragraphs (b)(2) and (c)(2)(ii) of the basic provision.
252.225-7036 Buy American Act--Free Trade Agreements--Balance of
Payments Program.
As prescribed in 225.1101(11)(i), use the following clause:
BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS
PROGRAM (JAN 2009)
(a) Definitions. As used in this clause—
(1) “Bahrainian end product” means an article that—
(i) Is wholly the growth, product, or manufacture of Bahrain; or
(ii) In the case of an article that consists in whole or in part of materials
from another country, has been substantially transformed in Bahrain 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 its supply, provided that the value of those incidental services does not
exceed the value of the product itself.
(2) “Commercially available off-the-shelf (COTS) item”—
(i) Means any item of supply (including construction material) that is—
(A) A commercial item (as defined in paragraph (1) of the definition of
“commercial item” in section 2.101 of the Federal Acquisition Regulation);
(B) Sold in substantial quantities in the commercial marketplace; and
(C) 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

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act
of 1984 (46 U.S.C. 40102), such as agricultural products and petroleum products.
(3) “Component” means an article, material, or supply incorporated directly
into an end product.
(4) “Domestic end product” means—
(i) An unmanufactured end product that has been mined or produced in the
United States; or
(ii) An end product manufactured in the United States if—
(A) The cost of its qualifying country components and its components
that are mined, produced, or manufactured in the United States exceeds 50 percent of
the cost of all its components. The cost of components includes transportation costs to
the place of incorporation into the end product and U.S. duty (whether or not a dutyfree entry certificate is issued). Scrap generated, collected, and prepared for processing
in the United States is considered domestic. A component is considered to have been
mined, produced, or manufactured in the United States (regardless of its source in fact)
if the end product in which it is incorporated is manufactured in the United States and
the component is of a class or kind for which the Government has determined that⎯
(1) Sufficient and reasonably available commercial quantities of a
satisfactory quality are not mined, produced, or manufactured in the United States; or
(2) It is inconsistent with the public interest to apply the
restrictions of the Buy American Act; or
(B) The end product is a COTS item.
(5) “End product” means those articles, materials, and supplies to be acquired
under this contract for public use.
(6) “Foreign end product” means an end product other than a domestic end
product.
(7) “Free Trade Agreement country” means Australia, Bahrain, Canada, Chile,
Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua,
or Singapore;
(8) “Free Trade Agreement country end product” means an article that—

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(i) Is wholly the growth, product, or manufacture of a Free Trade
Agreement country; or
(ii) 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 its supply, provided that the value of those incidental services
does not exceed the value of the product itself.
(9) “Moroccan end product” means an article that—
(i) Is wholly the growth, product, or manufacture of Morocco; or
(ii) In the case of an article that consists in whole or in part of materials
from another country, has been substantially transformed in 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 its supply,
provided that the value of those incidental services does not exceed the value of the
product itself.
(10) “Qualifying country” means any country set forth in subsection 225.872-1
of the Defense Federal Acquisition Regulation Supplement.
(11) “Qualifying country component” means a component mined, produced, or
manufactured in a qualifying country.
(12) “Qualifying country end product” means⎯
country; or

(i) An unmanufactured end product mined or produced in a qualifying

(ii) An end product manufactured in a qualifying country if the cost of the
following types of components exceeds 50 percent of the cost of all its components:
country.

(A) Components mined, produced, or manufactured in a qualifying
(B) Components mined, produced, or manufactured in the United

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

States.
(C) Components of foreign origin of a class or kind for which the
Government has determined that sufficient and reasonably available commercial
quantities of a satisfactory quality are not mined, produced, or manufactured in the
United States.
(13) “United States” means the 50 States, the District of Columbia, and
outlying areas.
(b) Unless otherwise specified, this clause applies to all items in the Schedule.
(c) The Contractor shall deliver under this contract only domestic end products
unless, in its offer, it specified delivery of qualifying country end products, Free Trade
Agreement country end products other than Bahrainian end products or Moroccan end
products, or other foreign end products in the Buy American Act--Free Trade
Agreements--Balance of Payments Program Certificate provision of the solicitation. If
the Contractor certified in its offer that it will deliver a qualifying country end product
or a Free Trade Agreement country end product other than a Bahrainian end product
or a Moroccan end product, the Contractor shall deliver a qualifying country end
product, a Free Trade Agreement country end product other than a Bahrainian end
product or a Moroccan end product, or, at the Contractor’s option, a domestic end
product.
(d) The contract price does not include duty for end products or components for
which the Contractor will claim duty-free entry.
(End of clause)
ALTERNATE I (OCT 2006)
As prescribed in 225.1101(11)(i)(B), substitute the following paragraphs (a)(4) and (c)
for paragraphs (a)(4) and (c) of the basic clause:
(a)(4) “Canadian end product,” means an article that—
(i) Is wholly the growth, product, or manufacture of Canada; or
(ii) In the case of an article that consists in whole or in part of materials
from another country, has been substantially transformed in Canada 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 its supply,

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

provided that the value of those incidental services does not exceed the value of the
product itself.
(c) The Contractor shall deliver under this contract only domestic end products
unless, in its offer, it specified delivery of qualifying country, Canadian, or other foreign
end products in the Buy American Act--Free Trade Agreements--Balance of Payments
Program Certificate provision of the solicitation. If the Contractor certified in its offer
that it will deliver a qualifying country end product or a Canadian end product, the
Contractor shall deliver a qualifying country end product, a Canadian end product, or,
at the Contractor’s option, a domestic end product.
252.225-7037 Evaluation of Offers for Air Circuit Breakers.
As prescribed in 225.7006-4(a), use the following provision:
EVALUATION OF OFFERS FOR AIR CIRCUIT BREAKERS (JUN 2005)
(a) The offeror shall specify, in its offer, any intent to furnish air circuit breakers
that are not manufactured in the United States or its outlying areas, Canada, or the
United Kingdom.
(b) The Contracting Officer will evaluate offers by adding a factor of 50 percent to
the offered price of air circuit breakers that are not manufactured in the United States
or its outlying areas, Canada, or the United Kingdom.
(End of provision)
252.225-7038 Restriction on Acquisition of Air Circuit Breakers.
As prescribed in 225.7006-4(b), use the following clause:
RESTRICTION ON ACQUISITION OF AIR CIRCUIT BREAKERS (JUN 2005)
Unless otherwise specified in its offer, the Contractor shall deliver under this contract
air circuit breakers manufactured in the United States or its outlying areas, Canada, or
the United Kingdom.
(End of clause)
252.225-7039 Reserved.
252.225-7040 Contractor Personnel Authorized to Accompany U.S. Armed
Forces Deployed Outside the United States.
As prescribed in 225.7402-5(a), use the following clause:

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED
FORCES DEPLOYED OUTSIDE THE UNITED STATES (JAN 2009)
(a) Definitions. As used in this clause—
“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.
“Law of war” means that part of international law that regulates the conduct of
armed hostilities. The law of war encompasses all international law for the conduct of
hostilities binding on the United States or its individual citizens, including treaties and
international agreements to which the United States is a party, and applicable
customary international law.
“Subordinate joint force commander” means a sub-unified commander or joint
task force commander.
(b) General.
(1) This clause applies when Contractor personnel are authorized to accompany
U.S. Armed Forces deployed outside the United States in—
(i) Contingency operations;
(ii) Humanitarian or peacekeeping operations; or
(iii) Other military operations or military exercises, when designated by the
Combatant Commander.
(2) Contract performance in support of U.S. Armed Forces deployed outside the
United States 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 accompanying the U.S. Armed Forces.
(i) Except as provided in paragraph (b)(3)(ii) of this clause, Contractor
personnel are only authorized to use deadly force in self-defense.

1998 EDITION

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(ii) Contractor personnel performing security functions are also authorized
to use deadly force when such force reasonably appears necessary to execute their
security mission to protect assets/persons, consistent with the terms and conditions
contained in their contract or with their job description and terms of employment.
(iii) Unless immune from host nation jurisdiction by virtue of an
international agreement or international law, inappropriate use of force by contractor
personnel authorized to accompany the U.S. Armed Forces can subject such personnel
to United States or host nation prosecution and civil liability (see paragraphs (d) and
(j)(3) of this clause).
(4) Service performed by Contractor personnel subject to this clause is not
active duty or service under 38 U.S.C. 106 note.
(c) Support.
(1)(i) The Combatant Commander will develop a security plan for protection of
Contractor personnel in locations where there is not sufficient or legitimate civil
authority, when the Combatant Commander decides it is in the interests of the
Government to provide security because—
(A) The Contractor cannot obtain effective security services;
(B) Effective security services are unavailable at a reasonable cost; or
(C) Threat conditions necessitate security through military means.
(ii) The Contracting Officer shall include in the contract the level of
protection to be provided to Contractor personnel.
(iii) In appropriate cases, the Combatant Commander may provide security
through military means, commensurate with the level of security provided DoD
civilians.
(2)(i) Generally, all Contractor personnel authorized to accompany the U.S.
Armed Forces in the designated operational area are authorized to receive resuscitative
care, stabilization, hospitalization at level III military treatment facilities, and
assistance with patient movement in emergencies where loss of life, limb, or eyesight
could occur. Hospitalization will be limited to stabilization and short-term medical
treatment with an emphasis on return to duty or placement in the patient movement
system.
(ii) When the Government provides medical treatment or transportation of

1998 EDITION

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

Contractor personnel to a selected civilian facility, the Contractor shall ensure that the
Government is reimbursed for any costs associated with such treatment or
transportation.
(iii) Medical or dental care beyond this standard is not authorized unless
specified elsewhere in this contract.
(3) Unless specified elsewhere in this contract, the Contractor is responsible for
all other support required for its personnel engaged in the designated operational area
under this contract.
(4) Contractor personnel must have a letter of authorization issued by the
Contracting Officer in order to process through a deployment center or to travel to,
from, or within the designated operational area. The letter of authorization also will
identify any additional authorizations, privileges, or Government support that
Contractor personnel are entitled to under this contract.
(d) Compliance with laws and regulations.
(1) The Contractor shall comply with, and shall ensure that its personnel
authorized to accompany U.S. Armed Forces deployed outside the United States as
specified in paragraph (b)(1) of this clause are familiar with and comply with, all
applicable—
(i) United States, host country, and third country national laws;
(ii) Provisions of the law of war, as well as any other applicable treaties and
international agreements;
(iii) United States regulations, directives, instructions, policies, and
procedures; and
(iv) Orders, directives, and instructions issued by the Combatant
Commander, including those relating to force protection, security, health, safety, or
relations and interaction with local nationals.
(2) The Contractor shall institute and implement an effective program to
prevent violations of the law of war by its employees and subcontractors, including law
of war training in accordance with paragraph (e)(1)(vii) of this clause.
(e) Pre-deployment requirements.
(1) The Contractor shall ensure that the following requirements are met prior

1998 EDITION

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

to deploying personnel authorized to accompany U.S. Armed Forces. Specific
requirements for each category may be specified in the statement of work or elsewhere
in the contract.
acceptable.

(i) All required security and background checks are complete and

(ii) All deploying personnel meet the minimum medical screening
requirements and have received all required immunizations as specified in the contract.
The Government will provide, at no cost to the Contractor, any theater-specific
immunizations and/or medications not available to the general public.
(iii) Deploying personnel have all necessary passports, visas, and other
documents required to enter and exit a designated operational area and have a Geneva
Conventions identification card, or other appropriate DoD identity credential, from the
deployment center. Any Common Access Card issued to deploying personnel shall
contain the access permissions allowed by the letter of authorization issued in
accordance with paragraph (c)(4) of this clause.
(iv) Special area, country, and theater clearance is obtained for personnel.
Clearance requirements are in DoD Directive 4500.54, Official Temporary Duty
Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide. Contractor personnel are
considered non-DoD personnel traveling under DoD sponsorship.
(v) All personnel have received personal security training. At a minimum,
the training shall—
(A) Cover safety and security issues facing employees overseas;
(B) Identify safety and security contingency planning activities; and
(C) Identify ways to utilize safety and security personnel and other
resources appropriately.
(vi) All personnel have received isolated personnel training, if specified in
the contract, in accordance with DoD Instruction 1300.23, Isolated Personnel Training
for DoD Civilian and Contractors.
(vii) Personnel have received law of war training as follows:
(A) Basic training is required for all Contractor personnel authorized to
accompany U.S. Armed Forces deployed outside the United States. The basic training
will be provided through—

1998 EDITION

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

(1) A military-run training center; or
(2) A web-based source, if specified in the contract or approved by
the Contracting Officer.
(B) Advanced training, commensurate with their duties and
responsibilities, may be required for some Contractor personnel as specified in the
contract.
(2) The Contractor shall notify all personnel who are not a host country
national, or who are not ordinarily resident in the host country, that—
(i) Such employees, and dependents residing with such employees, who
engage in conduct outside the United States that would constitute an offense
punishable by imprisonment for more than one year if the conduct had been engaged in
within the special maritime and territorial jurisdiction of the United States, may
potentially be subject to the criminal jurisdiction of the United States in accordance
with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.);
(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal
jurisdiction also extends to conduct that is determined to constitute a war crime when
committed by a civilian national of the United States;
(iii) Other laws may provide for prosecution of U.S. nationals who commit
offenses on the premises of U.S. diplomatic, consular, military or other U.S.
Government missions outside the United States (18 U.S.C. 7(9)); and
(iv) In time of declared war or a contingency operation, Contractor
personnel authorized to accompany U.S. Armed Forces in the field are subject to the
jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10).
(f) Processing and departure points. Deployed Contractor personnel shall—
(1) Process through the deployment center designated in the contract, or as
otherwise directed by the Contracting Officer, prior to deploying. The deployment
center will conduct deployment processing to ensure visibility and accountability of
Contractor personnel and to ensure that all deployment requirements are met,
including the requirements specified in paragraph (e)(1) of this clause;
(2) Use the point of departure and transportation mode directed by the
Contracting Officer; and

1998 EDITION

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Part 252—Solicitation Provisions and Contract Clauses

(3) Process through a Joint Reception Center (JRC) upon arrival at the
deployed location. The JRC will validate personnel accountability, ensure that specific
designated operational area entrance requirements are met, and brief Contractor
personnel on theater-specific policies and procedures.
(g) Personnel data.
(1) The Contractor shall enter before deployment and maintain data for all
Contractor personnel that are authorized to accompany U.S. Armed Forces deployed
outside the United States as specified in paragraph (b)(1) of this clause. The
Contractor shall use the Synchronized Predeployment and Operational Tracker
(SPOT) web-based system, at http://www.dod.mil/bta/products/spot.html, to enter
and maintain the data.
(2) The Contractor shall ensure that all employees in the database have a
current DD Form 93, Record of Emergency Data Card, on file with both the Contractor
and the designated Government official. The Contracting Officer will inform the
Contractor of the Government official designated to receive this data card.
(h) Contractor personnel.
(1) The Contracting Officer may direct the Contractor, at its own expense, to
remove and replace any Contractor personnel who jeopardize or interfere with mission
accomplishment or who fail to comply with or violate applicable requirements of this
contract. Such action may be taken at the Government’s discretion without prejudice to
its rights under any other provision of this contract, including the Termination for
Default clause.
(2) The Contractor shall have a plan on file showing how the Contractor would
replace employees who are unavailable for deployment or who need to be replaced
during deployment. The Contractor shall keep this plan current and shall provide a
copy to the Contracting Officer upon request. The plan shall—
(i) Identify all personnel who are subject to military mobilization;
and

(ii) Detail how the position would be filled if the individual were mobilized;

(iii) Identify all personnel who occupy a position that the Contracting
Officer has designated as mission essential.
(3) Contractor personnel shall report to the Combatant Commander or a
designee, or through other channels such as the military police, a judge advocate, or an

1998 EDITION

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Defense Federal Acquisition Regulation Supplement
Part 252—Solicitation Provisions and Contract Clauses

inspector general, any suspected or alleged conduct for which there is credible
information that such conduct—
(i) Constitutes violation of the law of war; or
(ii) Occurred during any other military operations and would constitute a
violation of the law of war if it occurred during an armed conflict.
(i) Military clothing and protective equipment.
(1) Contractor personnel are prohibited from wearing military clothing unless
specifically authorized in writing by the Combatant Commander. If authorized to wear
military clothing, Contractor personnel must—
(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to
be distinguishable from military personnel, consistent with force protection measures;
and
(ii) Carry the written authorization with them at all times.
(2) Contractor personnel may wear military-unique organizational clothing and
individual equipment (OCIE) required for safety and security, such as ballistic, nuclear,
biological, or chemical protective equipment.
(3) The deployment center, or the Combatant Commander, shall issue OCIE
and shall provide training, if necessary, to ensure the safety and security of Contractor
personnel.
(4) The Contractor shall ensure that all issued OCIE is returned to the point of
issue, unless otherwise directed by the Contracting Officer.
(j) Weapons.
(1) If the Contractor requests that its personnel performing in the designated
operational area be authorized to carry weapons, the request shall be made through the
Contracting Officer to the Combatant Commander, in accordance with DoD Instruction
3020.41, paragraph 6.3.4.1 or, if the contract is for security services, paragraph 6.3.5.3.
The Combatant Commander will determine whether to authorize in-theater Contractor
personnel to carry weapons and what weapons and ammunition will be allowed.
(2) If the Contracting Officer, subject to the approval of the Combatant
Commander, authorizes the carrying of weapons—

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(i) The Contracting Officer may authorize the Contractor to issue
Contractor-owned weapons and ammunition to specified employees; or
(ii) The [Contracting Officer to specify the appropriate individual, e.g.,
Contracting Officer’s Representative, Regional Security Officer] may issue Governmentfurnished weapons and ammunition to the Contractor for issuance to specified
Contractor employees.
(3) The Contractor shall ensure that its personnel who are authorized to carry
weapons—
(i) Are adequately trained to carry and use them—
(A) Safely;
(B) With full understanding of, and adherence to, the rules of the use of
force issued by the Combatant Commander; and
(C) In compliance with applicable agency policies, agreements, rules,
regulations, and other applicable law;
(ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and
(iii) Adhere to all guidance and orders issued by the Combatant
Commander regarding possession, use, safety, and accountability of weapons and
ammunition.
(4) Whether or not weapons are Government-furnished, all liability for the use
of any weapon by Contractor personnel rests solely with the Contractor and the
Contractor employee using such weapon.
(5) Upon redeployment or revocation by the Combatant Commander of the
Contractor’s authorization to issue firearms, the Contractor shall ensure that all
Government-issued weapons and unexpended ammunition are returned as directed by
the Contracting Officer.
(k) Vehicle or equipment licenses. Contractor personnel shall possess the required
licenses to operate all vehicles or equipment necessary to perform the contract in the
designated operational area.
(l) Purchase of scarce goods and services. If the Combatant Commander has
established an organization for the designated operational area whose function is to
determine that certain items are scarce goods or services, the Contractor shall

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coordinate with that organization local purchases of goods and services designated as
scarce, in accordance with instructions provided by the Contracting Officer.
(m) Evacuation.
(1) If the Combatant Commander orders a mandatory evacuation of some or all
personnel, the Government will provide assistance, to the extent available, to United
States and third country national Contractor personnel.
(2) In the event of a non-mandatory evacuation order, unless authorized in
writing by the Contracting Officer, the Contractor shall maintain personnel on location
sufficient to meet obligations under this contract.
(n) Next of kin notification and personnel recovery.
(1) The Contractor shall be responsible for notification of the employeedesignated next of kin in the event an employee dies, requires evacuation due to an
injury, or is isolated, missing, detained, captured, or abducted.
(2) In the case of isolated, missing, detained, captured, or abducted Contractor
personnel, the Government will assist in personnel recovery actions in accordance with
DoD Directive 2310.2, Personnel Recovery.
(o) Mortuary affairs. Mortuary affairs for Contractor personnel who die while
accompanying the U.S. Armed Forces will be handled in accordance with DoD Directive
1300.22, Mortuary Affairs Policy.
(p) Changes. In addition to the changes otherwise authorized by the Changes
clause of this contract, the Contracting Officer may, at any time, by written order
identified as a change order, make changes in the place of performance or Governmentfurnished facilities, equipment, material, services, or site. Any change order issued in
accordance with this paragraph (p) shall be subject to the provisions of the Changes
clause of this contract.
(q) Subcontracts. The Contractor shall incorporate the substance of this clause,
including this paragraph (q), in all subcontracts when subcontractor personnel are
authorized to accompany U.S. Armed Forces deployed outside the United States in—
(1) Contingency operations;
(2) Humanitarian or peacekeeping operations; or
(3) Other military operations or military exercises, when designated by the

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Combatant Commander.
(End of clause)
252.225-7041 Correspondence in English.
As prescribed in 225.1103(2), use the following clause:
CORRESPONDENCE IN ENGLISH (JUN 1997)
The Contractor shall ensure that all contract correspondence that is addressed to the
United States Government is submitted in English or with an English translation.
(End of clause)
252.225-7042 Authorization to Perform.
As prescribed in 225.1103(3), use the following provision:
AUTHORIZATION TO PERFORM (APR 2003)
The offeror represents that it has been duly authorized to operate and to do business in
the country or countries in which the contract is to be performed.
(End of provision)
252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside
the United States
As prescribed in 225.7403-2, use the following clause:
ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (MAR 2006)
(a) Definition. “United States,” as used in this clause, means, the 50 States, the
District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its
subcontractors, if performing or traveling outside the United States under this contract,
shall⎯
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or
subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals
and are in-country on a non-transitory basis, register with the U.S. Embassy, and that

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Part 252—Solicitation Provisions and Contract Clauses

Contractor and subcontractor personnel who are third country nationals comply with
any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force
protection awareness information commensurate with that which the Department of
Defense (DoD) provides to its military and civilian personnel and their families, to the
extent such information can be made available prior to travel outside the United States;
and
(4) Obtain and comply with the most current antiterrorism/force protection
guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is⎯
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can
be obtained from (Contracting Officer to insert applicable information cited in PGI
225.7403-1).
(End of clause)
252.225-7044 Balance of Payments Program--Construction Material.
As prescribed in 225.7503(a), use the following clause:
BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL (JAN 2009)
(a) Definitions. As used in this clause-“Commercially available off-the-shelf (COTS) item”-(1) Means any item of supply (including construction material) that is-(i) A commercial item (as defined in paragraph (1) of the definition of
“commercial item” in section 2.101 of the Federal Acquisition Regulation);
(ii) Sold in substantial quantities in the commercial marketplace; and

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Part 252—Solicitation Provisions and Contract Clauses

(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 section 3 of the Shipping Act of 1984
(46 U.S.C. 40102), such as agricultural products and petroleum products.
“Component” means any article, material, or supply incorporated directly into
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 end product (whether or not
such costs are paid to a domestic firm), and any applicable duty (whether or not a dutyfree 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-(i) 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

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Part 252—Solicitation Provisions and Contract Clauses

foreign origin of the same class or kind for which nonavailability determinations have
been made are treated as domestic; or
(ii) The construction material is a COTS item.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. This clause implements the Balance of Payments Program
by providing a preference for domestic construction material. The Contractor shall use
only domestic construction material in performing this contract, except for-(1) Construction material valued at or below the simplified acquisition
threshold in Part 2 of the Federal Acquisition Regulation; or
follows:

(2) The construction material or components listed by the Government as

_________________________________________________________________________________
[Contracting Officer to list applicable excepted materials or indicate “none”]
(End of clause)
252.225-7045 Balance of Payments Program--Construction Material Under
Trade Agreements.
As prescribed in 225.7503(b), use the following clause:
BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER
TRADE AGREEMENTS (JAN 2009)
(a) Definitions. As used in this clause-“Caribbean Basin country construction material” means a construction material that-or

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country;

(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.
“Commercially available off-the-shelf (COTS) item”--

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Part 252—Solicitation Provisions and Contract Clauses

(1) Means any item of supply (including construction material) that is-(i) A commercial item (as defined in paragraph (1) of the definition of
“commercial item” in section 2.101 of the Federal Acquisition Regulation);
(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 section 3 of the Shipping Act of 1984
(46 U.S.C. 40102), such as agricultural products and petroleum products.
“Component” means any article, material, or supply incorporated directly into
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 end product (whether or not
such costs are paid to a domestic firm), and any applicable duty (whether or not a dutyfree 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--

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Part 252—Solicitation Provisions and Contract Clauses

(1) A World Trade Organization Government Procurement Agreement (WTO
GPA) country (Aruba, Austria, Belgium, Bulgaria, 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 the 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, Central African Republic, Chad, Comoros,
Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea,
Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia,
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, a Free Trade Agreement 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-(i) 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; or
(ii) The construction material is a COTS item.

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“Free Trade Agreement country construction material” means a construction material
that-(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement
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 Free Trade
Agreement country into a new and different construction material distinct from the
material from which it was transformed.
“Least developed country construction material” means a construction material that-or

(1) Is wholly the growth, product, or manufacture of a least developed country;

(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.
“WTO GPA country construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture of a WTO GPA 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 WTO GPA
country into a new and different construction material distinct from the materials from
which it was transformed.
(b) This clause implements the Balance of Payments Program by providing a
preference for domestic construction material. In addition, the Contracting Officer has
determined that the WTO GPA and Free Trade Agreements apply to this acquisition.
Therefore, the Balance of Payments Program restrictions are waived for designated
country construction materials.
(c) The Contractor shall use only domestic or designated country construction
material in performing this contract, except for-(1) Construction material valued at or below the simplified acquisition
threshold in Part 2 of the Federal Acquisition Regulation; or

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follows:

(2) The construction material or components listed by the Government as

_________________________________________________________________________________
[Contracting Officer to list applicable excepted materials or indicate “none”]
(End of clause)
ALTERNATE I (OCT 2006). As prescribed in 225.7503(b), add the following definition
of “Bahrainian or Mexican construction material” to paragraph (a) of the basic clause,
and substitute the following paragraphs (b) and (c) for paragraphs (b) and (c) 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) This clause implements the Balance of Payments Program by providing a
preference for domestic construction material. In addition, the Contracting Officer has
determined that the WTO GPA and all Free Trade Agreements except NAFTA apply to
this acquisition. Therefore, the Balance of Payments Program restrictions are waived
for designated country construction material other than Bahrainian or Mexican
construction material.
(c) The Contractor shall use only domestic or designated country construction
material other than Bahrainian or Mexican construction material in performing this
contract, except for-(1) Construction material valued at or below the simplified acquisition
threshold in Part 2 of the Federal Acquisition Regulation; or
follows:

(2) The construction material or components listed by the Government as

_________________________________________________________________________________
[Contracting Officer to list applicable excepted materials or indicate “none”].

1998 EDITION

252.225-60