Buy American, Trade Agreements, and Duty-Free Entry- FAR Sections Affected: 52.225-2, 52.225-4, 52.225-6, 52.225-8, 52.225-9, 52.225-10, 52.225-11, 52.225-12, 52.225-21, and 52.225-23

Forms and Documents

Document	Type	Status	Availability
2.19.26 9000-0024 PRA Supporting Statement Part A.docx	Supporting Statement A	Uploaded 2026-02-23	Repair queued
0024_Comment 3 .pdf	Public Comments	Uploaded 2026-02-09	Repair queued
0024_Comment 2.pdf	Public Comments	Uploaded 2025-12-18	Repair queued
0024_Comment 1.pdf	Public Comments	Uploaded 2026-02-09	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
36418	Buy American, Trade Agreements, and Duty-Free Entry		Modified

ICR Details

OMB Control No: 9000-0024	ICR Reference No: 202602-9000-002
Status: Active	Previous ICR Reference No: 202211-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Buy American, Trade Agreements, and Duty-Free Entry- FAR Sections Affected: 52.225-2, 52.225-4, 52.225-6, 52.225-8, 52.225-9, 52.225-10, 52.225-11, 52.225-12, 52.225-21, and 52.225-23
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/07/2026
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/23/2026
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2029	36 Months From Approved	04/30/2026
Responses	34,536	0	69,166
Time Burden (Hours)	29,138	0	43,768
Cost Burden (Dollars)	2,068,706	0	2,494,818

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Abstract: This clearance covers the information that an offeror must submit in response to the requirements of the provisions and clauses in FAR part 25 that relate to the following: * The Buy American statute (41 U.S.C. chapter 83) and Executive Orders 10582 and 14005. * The Trade Agreements Act (19 U.S.C. 2501-2515), including the World Trade Organization Government Procurement Agreement and various free trade agreements. * The American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act). * Subchapters VIII and X of Chapter 98 of the Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202). a. FAR 52.225-2, Buy American Certificate. This provision requires the offeror to identify in its proposal supplies that do not meet the definition of domestic end product and whether those supplies exceed 55% domestic content. This provision also requires offerors to identify in its proposal domestic end products that contain a critical component. b. FAR 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. This provision requires a separate list of foreign products that are eligible under a trade agreement, and a list of all other foreign end products and whether those supplies exceed 55% domestic content. This provision also requires offerors to identify in its proposal domestic end products that contain a critical component. c. FAR 52.225-6, Trade Agreements Certificate. This provision requires the offeror to certify that all end products are either U.S.-made or designated country end products, except as listed in paragraph (b) of the provision. Offerors are not allowed to provide other than a U.S.-made or designated country end product, unless the requirement is waived. d. FAR 52.225-8, Duty-Free Entry. This clause requires contractors to notify the contracting officer when they purchase foreign supplies, in order to determine whether the supplies should be duty-free. The notice shall identify the foreign supplies, estimate the amount of duty, and the country of origin. The contractor is not required to identify foreign supplies that are identical in nature to items purchased by the contractor or any subcontractor in connection with its commercial business, and segregation of these supplies to ensure use only on Government contracts containing duty-free entry provisions is not economical or feasible. In addition, all shipping documents and containers must specify certain information to assure the duty-free entry of the supplies. e. Construction provisions and clauses: ● FAR 52.225-9, Buy American—Construction Materials ● FAR 52.225-10, Notice of Buy American Requirement—Construction Materials ● FAR 52.225-11, Buy American-Construction Materials Under Trade Agreements ● FAR 52.225-12, Notice of Buy American Requirement—Construction Materials under Trade Agreements ● FAR 52.225-21, Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials ● FAR 52.225-23, Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials Under Trade Agreements The listed provisions and clauses provide that an offeror or contractor requesting to use foreign construction material due to unreasonable cost of domestic construction material shall provide adequate information to permit evaluation of the request.

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Authorizing Statute(s): US Code: 19 USC 2501 et seq. Name of Law: Buy American Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 57468	12/11/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 8479	02/23/2026
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Buy American, Trade Agreements, and Duty-Free Entry

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	34,536	69,166	0	-34,630	0	0
Annual Time Burden (Hours)	29,138	43,768	0	-14,630	0	0
Annual Cost Burden (Dollars)	2,068,706	2,494,818	0	-426,112	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This extension includes adjustments to the public and Government burden estimates based on the following: ● The estimated burden is based on an average of FPDS award data for years 2022 through 2024. ● The estimated cost per hour is based on use of the calendar year 2025 OPM GS wage rate for the rest of the U.S.

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Annual Cost to Federal Government: $921,935

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/23/2026

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