252.225-7000 Buy American--Balance of Payments Program Certificate.

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COLLECTION INSTRUMENTS
OMB Control Number 0704-0229


252.225-7000  Buy American--Balance of Payments Program Certificate.

	Basic.  As prescribed in 225.1101(1) and (1)(i), use the following provision:

BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC
(FEB 2024)

	(a)  Definitions.  “Commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments Program—Basic 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 statute or the Balance of Payments Program.

	(c)  Certifications and identification of country of origin.

		(1)  For all line items subject to the Buy American and Balance of Payments Program—Basic 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 that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; 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.  For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items.  If the percentage of the domestic content is unknown, select “no”.

		(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 products.  For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items.  If the percentage of the domestic content is unknown, select “no”.

Line Item Number
Country of Origin (If known)
Exceeds 55% Domestic Content (yes/no)










		(4)  The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item (see Federal Acquisition Regulation 25.105).

			Domestic end products containing a critical component or a critical item:  Line Item Number  _________________________________________________
	[List as necessary]

(End of provision)

* * * * *

252.225-7003  Report of Intended Performance Outside the United States and Canada—Submission with Offer.
As prescribed in 225.7204(a), use the following provision:

REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND 
CANADA—SUBMISSION WITH OFFER (JAN 2025)

	(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 $15 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 $750,000 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—

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

		(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 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 (JUL 2024)

	(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 the threshold specified in Defense Acquisition Regulation Supplement 225.7201(a); 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 first-tier 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:  Principal Director, Defense Pricing, Contracting, and Acquisition Policy (Contract Policy), OUSD(A&S) DPCAP/CP, Washington, DC 20301-3060.

	(d)  Report format.  The Contractor—

		(1)  Shall submit reports using—

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

			(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 https://www.esd.whs.mil/Directives/forms/.

(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;

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

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

	(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)

* * * * *

252.225-7010  Commercial Derivative Military Article—Specialty Metals Compliance Certificate.
As prescribed in 225.7003-5(b), use the following provision:

COMMERCIAL DERIVATIVE MILITARY ARTICLE—SPECIALTY METALS COMPLIANCE CERTIFICATE (JUL 2009)

	(a)  Definitions.  “Commercial derivative military article,” “commercially available off-the-shelf item,” “produce,” “required form,” and “specialty metal,” as used in this provision, have the meanings given in the clause of this solicitation entitled “Restriction on Acquisition of Certain Articles Containing Specialty Metals” (DFARS 252.225-7009).

	(b)  The offeror shall list in this paragraph any commercial derivative military articles it intends to deliver under any contract resulting from this solicitation using the alternative compliance for commercial derivative military articles, as specified in paragraph (d) of the clause of this solicitation entitled “Restriction on Acquisition of Certain Articles Containing Specialty Metals” (DFARS 252.225-7009).  The offeror’s designation of an item as a “commercial derivative military article” will be subject to Government review and approval.
		____________________________________________________________
		____________________________________________________________.

	(c)  If the offeror has listed any commercial derivative military articles in paragraph (b) of this provision, the offeror certifies that, if awarded a contract as a result of this solicitation, and if the Government approves the designation of the listed item(s) as commercial derivative military articles, the offeror and its subcontractor(s) will demonstrate that individually or collectively they have entered into a contractual agreement or agreements to purchase an amount of domestically melted or produced specialty metal in the required form, for use during the period of contract performance in the production of each commercial derivative military article and the related commercial article, that is not less than the Contractor’s good faith estimate of the greater of—

		(1)  An amount equivalent to 120 percent of the amount of specialty metal that is required to carry out the production of the commercial derivative military article (including the work performed under each subcontract); or 

		(2)  An amount equivalent to 50 percent of the amount of specialty metal that will be purchased by the Contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article.

	(d)  For the purposes of this provision, the amount of specialty metal that is required to carry out the production of the commercial derivative military article includes specialty metal contained in any item, including commercially available off-the-shelf items, incorporated into such commercial derivative military articles.

(End of provision)

* * * * *

252.225-7013  Duty-Free Entry.
As prescribed in 225.1101(4), use the following clause:

DUTY-FREE ENTRY (AUG 2025)

	(a)  Definitions.  As used in this clause—

	“Component,” means any item supplied to the Government as part of an end product or of another component.

	“Customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico.

	“Eligible product” means—

		(1)  “Designated country end product,” as defined in the Trade Agreements (either basic or alternate) clause of this contract;

		(2)  “Free Trade Agreement country end product,” other than a “Bahraini end product,” a “Moroccan end product,” a Panamanian end product,” or a “Peruvian end product,” as defined in the Buy American—Free Trade Agreements—Balance of Payments Program (either basic or alternate II) clause of this contract, basic or its Alternate II; or

		(3)  “Free Trade Agreement country end product” other than a “Bahraini end product,” “Korean end product,” “Moroccan end product,” “Panamanian end product,” or “Peruvian end product,” as defined in of the Buy American—Free Trade Agreements—Balance of Payments Program (either alternate IV or alternate V) clause of this contract.

	“Qualifying country” and “qualifying country end product” have the meanings given in the Trade Agreements clause, the Buy American and Balance of Payments Program clause, or the Buy American—Free Trade Agreements—Balance of Payments Program clause of this contract, basic or alternate.

	(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 $300 per shipment into the customs territory of the United States.

	(c)  The Contractor shall—

		(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

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

	(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:  “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 Defense Contract Management Agency (DCMA) St. Louis, St. Louis, MO, ATTN:  Duty Free Entry Team, 1222 Spruce Street, Room 9.300, St. Louis, MO 63103-2812, 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 DCMA St. Louis, Duty Free Entry Team, 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 DCMA St. Louis, Duty Free Entry Team, 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.

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

				(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 St. Louis, Duty Free Entry Team 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 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—

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

			(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;

		(4)  Date of the last scheduled delivery under the prime contract or delivery order; 

		(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;

		(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

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

		(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—

			(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

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

(End of clause)

* * * * *

252.225-7018  Photovoltaic Devices—Certificate.
As prescribed in 225.7017-4(b), use the following provision:

PHOTOVOLTAIC DEVICES—CERTIFICATE (MAR 2024)

	(a)  Definitions.  “Bahraini photovoltaic device,” “Caribbean Basin photovoltaic device,” “designated country,” “designated country photovoltaic device,” “domestic photovoltaic device,” “foreign photovoltaic device,” “Free Trade Agreement country,” “Free Trade Agreement photovoltaic device,”  “Korean photovoltaic device,” “least developed country photovoltaic device,” “Moroccan photovoltaic device,” “Panamanian photovoltaic device,” “Peruvian photovoltaic device,” “photovoltaic device,” “qualifying country,” “qualifying country photovoltaic device,” “United States,” “U.S.-made photovoltaic device,” and “WTO GPA country photovoltaic device” have the meanings given in the Photovoltaic Devices clause of this solicitation.

	(b)  Restrictions.  The following restrictions apply, depending on the estimated aggregate value of photovoltaic devices to be utilized under a resultant contract:

		(1)  If more than the micro-purchase threshold but less than $174,000, then the Government will not accept an offer specifying the use of other foreign photovoltaic devices in paragraph (d)(2)(ii), (d)(3)(ii), (d)(4)(ii), or (d)(5)(ii) of this provision, unless the Offeror documents to the satisfaction of the Contracting Officer that the price of the foreign photovoltaic device plus 50 percent is less than the price of a comparable domestic photovoltaic device.

		(2)  If $174,000 or more, then the Government will consider only offers that utilize photovoltaic devices that are U.S.-made,  qualifying country, or designated country photovoltaic devices.

	(c)  Country in which a designated country photovoltaic device was wholly manufactured or was substantially transformed.  If the estimated value of the photovoltaic devices to be utilized under a resultant contract exceeds $102,280, the Offeror’s certification that such photovoltaic device (e.g., solar panel) is a designated country photovoltaic device shall be consistent with country of origin determinations by the U.S. Customs and Border Protection with regard to importation of the same or similar photovoltaic devices into the United States.  If the Offeror is uncertain as to what the country of origin would be determined to be by the U.S. Customs and Border Protection, the Offeror shall request a determination from U.S. Customs and Border Protection.  (See https://www.cbp.gov/trade/rulings.)

	(d)  Certification and identification of country of origin.

[The Offeror shall check the block and fill in the blank for one of the following paragraphs, based on the estimated value and the country of origin of photovoltaic devices to be utilized in performance of the contract:]

	___	(1)  No photovoltaic devices will be utilized in performance of the contract, or such photovoltaic devices have an estimated value that does not exceed the micro-purchase threshold.

		(2)  If more than the micro-purchase threshold but less than $100,000—

		___	(i)  The Offeror certifies that each photovoltaic device to be utilized in performance of the contract is a domestic photovoltaic device;

		___	(ii)  The Offeror certifies that each photovoltaic device to be utilized in performance of the contract is a qualifying country photovoltaic device [Offeror to specify country of origin____________]; or

		___	(iii)  The foreign (other than qualifying country) photovoltaic devices to be utilized in performance of the contract are the product of ___________________. [Offeror to specify country of origin, if known, and provide documentation that the cost of a domestic photovoltaic device would be unreasonable in comparison to the cost of the proposed foreign photovoltaic device, i.e. that the price of the foreign photovoltaic device plus 50 percent is less than the price of a comparable domestic photovoltaic device.]

		(3)  If less than $100,000—

		___	(i)  The Offeror certifies that each photovoltaic device to be utilized in performance of the contract is a domestic photovoltaic device;

		___	(ii)  The Offeror certifies that each photovoltaic device to be utilized in performance of the contract is a qualifying country photovoltaic device [Offeror to specify country of origin_______________]; or

		___	(iii)  The foreign photovoltaic devices to be utilized in performance of the contract are the product of _______________. [Offeror to specify country of origin, if known, and provide documentation that the cost of a domestic photovoltaic device would be unreasonable in comparison to the cost of the proposed foreign photovoltaic device, i.e. that the price of the foreign photovoltaic device plus 50 percent is less than the price of a comparable domestic photovoltaic device.]

		(4)  If $100,000 or more but less than $102,280—

		___	(i)  The Offeror certifies that each photovoltaic device to be utilized in performance of the contract is a domestic photovoltaic device; 

		___	(ii)  The Offeror certifies that each photovoltaic device to be utilized in performance of the contract is a Free Trade Agreement country photovoltaic device (other than a Bahraini, Korean, Moroccan, Panamanian, or Peruvian photovoltaic device) or a qualifying country photovoltaic device [Offeror to specify country of origin____________]; or

		___	(iii)  The offered foreign photovoltaic devices (other than those from countries listed in paragraph (d)(4)(ii) of this provision) are the product of _______________.  [Offeror to specify country of origin, if known, and provide documentation that the cost of a domestic photovoltaic device would be unreasonable in comparison to the cost of the proposed foreign photovoltaic device, i.e. that the price of the foreign photovoltaic device plus 50 percent is less than the price of a comparable domestic photovoltaic device.]

		(5)  If $100,000 or more but less than $174,000—

		___	(i)  The Offeror certifies that each photovoltaic device to be utilized in performance of the contract is a domestic photovoltaic device;

		___	(ii)  The Offeror certifies that each photovoltaic device to be utilized in performance of the contract is a Free Trade Agreement country photovoltaic device (other than a Bahraini, Moroccan, Panamanian, or Peruvian photovoltaic device) or a qualifying country photovoltaic device [Offeror to specify country of origin____________]; or

		___	(iii)  The offered foreign photovoltaic devices (other than those from countries listed in paragraph (d)(5)(ii) of this provision) are the product of ____________. [Offeror to specify country of origin, if known, and provide documentation that the cost of a domestic photovoltaic device would be unreasonable in comparison to the cost of the proposed foreign photovoltaic device, i.e. that the price of the foreign photovoltaic device plus 50 percent is less than the price of a comparable domestic photovoltaic device.]

		(6)  If $174,000 or more, the Offeror certifies that each photovoltaic device to be used in performance of the contract is—

		___	(i)  A U.S.-made photovoltaic device; or

		___ (ii)  A designated country photovoltaic device or a qualifying country photovoltaic device.  [Offeror to specify country of origin_____________.]

(End of provision)

* * * * *

252.225-7020  Trade Agreements Certificate.

	Basic.  As prescribed in 225.1101(5) and (5)(i), use the following provision:

TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014)

	(a)  Definitions.  “Designated country end product,” “nondesignated country end product,” “qualifying country end product,” and “U.S.-made end product” as used in this provision have the meanings given in the Trade Agreements—Basic 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—

			(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—Basic 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.

	Basic.  As prescribed in 225.1101(6) and (6)(i), use the following clause:

TRADE AGREEMENTS—BASIC (FEB 2024)

	(a)  Definitions.  As used in this clause

	“Caribbean Basin country end product”

		(1)  Means an article that

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

		(2)  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

			(i)  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);

			(ii)  Tuna, prepared or preserved in any manner in airtight containers; and

			(iii)  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.

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

		(1)  Means any item of supply (including construction material) that is—

			(i)  A commercial product (as defined in paragraph (1) of the definition of “commercial product” 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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

	“Component” means an article, material, or supply incorporated directly into an end product.

	“Designated country” means—

		(1)  A World Trade Organization Government Procurement Agreement  (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, 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, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu” (Chinese Taipei)), Ukraine, or the United Kingdom);

		(2)  A Free Trade Agreement country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, 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, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

		(4)  A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

	“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.

	“End product” means those articles, materials, and supplies to be acquired under this contract for public use.

	“Free Trade Agreement country end product” means an article that

		(1)  Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or

		(2)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a 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.

	“Least developed country end product” means an article that—

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

		(2)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a 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.

	“Nondesignated country end product” means any end product that is not a U.S.-made end product or a designated country end product.

	“Qualifying country” means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457.  Accordingly, the following are qualifying countries:

		Australia
		Austria
		Belgium
		Canada
		Czech Republic
		Denmark
		Egypt
		Estonia
		Finland
		France
		Germany
		Greece
		Israel
		Italy
		Japan
		Latvia
		Lithuania
		Luxembourg
		Netherlands
		Norway
		Poland
		Portugal
		Slovenia
		Spain
		Sweden
		Switzerland
		Turkey
		United Kingdom of Great Britain and Northern Ireland.

	“Qualifying country end product” means

		(1)  An unmanufactured end product mined or produced in a qualifying country; or

		(2)  An end product manufactured in a qualifying country if—

			(i)  The cost of the following types of components exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029, unless an alternate percentage is established for a contract:

				(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; or

			(ii)  The end product is a COTS item.

	“United States” means the 50 States, the District of Columbia, and outlying areas.

	“U.S.-made end product” means an article that

		(1)  Is mined, produced, or manufactured in the United States; or

		(2)  Is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

	“WTO GPA country end product” means an article that

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

		(2)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.  The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to 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 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 the definition of “Caribbean Basic country end product” within paragraph (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 III.  As prescribed in 225.1101(6) and (6)(iii), use the following clause, which includes, in the definition of “qualifying country end product” at paragraph (2)(i), the domestic content threshold that will apply to the entire contract period of performance.

TRADE AGREEMENTS—ALTERNATE III (FEB 2024)

	(a)  Definitions.  As used in this clause—

	“Caribbean Basin country end product”—

		(1)  Means an article that—

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

		(2)  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—

			(i)  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);

			(ii)  Tuna, prepared or preserved in any manner in airtight containers; and

			(iii)  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.

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

		(1)  Means any item of supply (including construction material) that is—

			(i)  A commercial product (as defined in paragraph (1) of the definition of “commercial product” 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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

	“Component” means an article, material, or supply incorporated directly into an end product.

	“Designated country” means—

		(1)  A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, 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, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu” (Chinese Taipei)), Ukraine, or the United Kingdom);

		(2)  A Free Trade Agreement country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, 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, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

		(4)  A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

	“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.

	“End product” means those articles, materials, and supplies to be acquired under this contract for public use.

	“Free Trade Agreement country end product” means an article that—

		(1)  Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or

		(2)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a 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.

	“Least developed country end product” means an article that—

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

		(2)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a 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.

	“Nondesignated country end product” means any end product that is not a U.S.-made end product or a designated country end product.

	“Qualifying country” means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457.  Accordingly, the following are qualifying countries:

Australia
Austria
Belgium
Canada
Czech Republic
Denmark
Egypt
Estonia
Finland
France
Germany
Greece
Israel
Italy
Japan
Latvia
Lithuania
Luxembourg
Netherlands
Norway
Poland
Portugal
Slovenia
Spain
Sweden
Switzerland
Turkey
United Kingdom of Great Britain and Northern Ireland

	“Qualifying country end product” means—

		(1)  An unmanufactured end product mined or produced in a qualifying country; or

		(2)  An end product manufactured in a qualifying country if—

			(i)  The cost of the following types of components exceeds, for the entire period of performance for a contract awarded in:  calendar year 2023, 60 percent of the cost of all its components; calendar years 2024 through 2028, 65 percent of the cost of all its components; or calendar year 2029 or later, 75 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; or

			(ii)  The end product is a COTS item.

	“United States” means the 50 States, the District of Columbia, and outlying areas.

	“U.S.-made end product” means an article that—

		(1)  Is mined, produced, or manufactured in the United States; or

		(2)  Is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

	“WTO GPA country end product” means an article that—

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

		(2)  In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.  The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to 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 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 the definition of “Caribbean Basin country end product” within paragraph (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)

* * * * *

252.225-7025  Restriction on Acquisition of Forgings.
As prescribed in 225.7102-4, use the following clause:

RESTRICTION ON ACQUISITION OF FORGINGS (DEC 2009)

	(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.

		(2)  “Domestic manufacture” means manufactured in the United States, its outlying areas; or Canada.

		(3)  “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 products 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)

* * * * *

252.225-7032  Waiver of United Kingdom Levies—Evaluation of Offers.
As prescribed in 225.1101(7), use the following provision:

WAIVER OF UNITED KINGDOM LEVIES – EVALUATION OF OFFERS
(APR 2003)

	(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(8), 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.
 
	(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)

252.225-7035  Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

	Basic.  As prescribed in 225.1101(9) and (9)(i), use the following provision:

BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS
PROGRAM CERTIFICATE—BASIC (FEB 2024)

	(a)  Definitions.  “Bahraini end product,” “commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Basic 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)  For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

	(c)  Certifications and identification of country of origin.

		(1)  For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Basic 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;

			(ii)  Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and

			(iii)  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) 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 Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian 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.  For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items.  If the percentage of the domestic content is unknown, select “no”.

Line Item Number
Country of Origin (If known)
Exceeds 55% Domestic Content (yes/no)










		(3)  The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).

Line Item Number:  ________________[List as necessary]_______________________

(End of provision)

	Alternate I.  As prescribed in 225.1101(9) and (9)(ii), use the following provision, which does not use the phrases “Bahraini end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Moroccan end product,” “Panamanian end product,” and “Peruvian end products” in paragraph (a); does not use“Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii); does not use “Australian or” in paragraph (c)(2)(i); and includes “that are mined, produced, or manufactured in the United States” in paragraph (c)(2)(ii):

BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS 
PROGRAM CERTIFICATE—ALTERNATE I (FEB 2024)

	(a)  Definitions.  “Commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “foreign end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I 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)  For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation, will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

	(c)  Certifications and identification of country of origin.

		(1)  For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I 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;

			(ii)  Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and

			(iii)  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 end products:

			(Line Item Number)			(Country of Origin)

			(ii)  The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products.  For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items that are mined, produced, or manufactured in the United States.  If the percentage of the domestic content is unknown, select “no”.

Line Item Number
Country of Origin (If known)
Exceeds 55% Domestic Content (yes/no)










		(3)  The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).

		Line Item Number:  ___________[List as necessary]______________

(End of provision)

* * * * *

	Alternate IV.  As prescribed in 225.1101(9) and (9)(v), use the following provision, which adds “Korean end product” to paragraph (a) and uses “Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii), rather than “Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii) of the basic provision:

BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS 
PROGRAM CERTIFICATE—ALTERNATE IV (FEB 2024)

	(a)  Definitions.  “Bahraini end product,” “commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Korean end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV 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)  For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

	(c)  Certifications and identification of country of origin.

		(1)  For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV 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;

			(ii)  Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and

			(iii)  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) 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 Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian 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.  For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items.  If the percentage of the domestic content is unknown, select “no”.

Line item Number
Country of Origin (If known)
Exceeds 55% Domestic Content (yes/no)










		(3)  The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).

		Line Item Number:  ________[List as necessary]_____________

(End of provision)

* * * * *

252.225-7046  Exports by Approved Community Members in Response to the Solicitation.
As prescribed in 225.7902-5(a), use the following provision:

EXPORTS BY APPROVED COMMUNITY MEMBERS IN RESPONSE TO THE SOLICITATION (JUNE 2013)

	(a)  Definitions.  The definitions of "Approved Community", “defense articles", Defense Trade Cooperation (DTC) Treaty”, "export", “Implementing Arrangement", “qualifying defense articles”, "transfer", and "U.S. DoD Treaty-eligible requirements" in DFARS clause 252.225-7047 apply to this provision.

	(b)  All contract line items in the contemplated contract, except any identified in this paragraph, are intended to satisfy U.S. DoD Treaty-eligible requirements.  Specific defense articles that are not U.S. DoD Treaty-eligible will be identified as such in those contract line items that are otherwise U.S. DoD Treaty-eligible.

CONTRACT LINE ITEMS NOT INTENDED TO SATISFY
U.S. DoD TREATY-ELIGIBLE REQUIREMENTS:

______________________________________________________________
[Enter Contract Line Item Number(s) or enter "None"]


	(c)  Approved Community members responding to the solicitation may only export or transfer defense articles that specifically respond to the stated requirements of the solicitation.  

	(d)  Subject to the other terms and conditions of the solicitation and the contemplated contract that affect the acceptability of foreign sources or foreign end products, components, parts, or materials, Approved Community members are permitted, but not required, to use the DTC Treaties for exports or transfers of qualifying defense articles in preparing a response to this solicitation.  
  
	(e)  Any conduct by an offeror responding to this solicitation that falls outside the scope of the DTC Treaties, the Implementing Arrangements, and the implementing regulations of the Department of State in 22 CFR 126.16 (Australia),  22 C.F.R. 126.17 (United Kingdom), and 22 C.F.R. 126 Supplement No. 1 (exempted technologies list) is subject to all applicable International Traffic in Arms Regulations (ITAR) requirements, including any criminal, civil, and administrative penalties or sanctions, as well as all other United States statutory and regulatory requirements outside of ITAR. 

	(f)  If the offeror uses the procedures established pursuant to the DTC Treaties, the offeror agrees that, with regard to the export or transfer of a qualifying defense article associated with responding to the solicitation, the offeror shall— 

		(1)  Comply with the requirements and provisions of the applicable DTC Treaties, the Implementing Arrangements, and corresponding regulations (including the ITAR) of the U.S. Government and the government of Australia or of the United Kingdom, as applicable; 

		(2)  Prior to the export or transfer of a qualifying defense article—

			(i)  Mark, identify, transmit, store, and handle any defense articles provided for the purpose of responding to such solicitations, as well as any defense articles provided with or developed pursuant to their responses to such solicitations, in accordance with the DTC Treaties, the Implementing Arrangements, and corresponding regulations of the United States Government and the government of Australia or the government of the United Kingdom, as applicable, including, but not limited to, the marking and classification requirements described in the applicable regulations;

			(ii)  Comply with the re-transfer or re-export provisions of the DTC Treaties, the Implementing Arrangements, and corresponding regulations of the United States Government and the government of Australia or the government of the United Kingdom, as applicable, including, but not limited to, the re-transfer and re-export requirements described in the applicable regulations; and

			(iii)  Acknowledge that any conduct that falls outside or in violation of the DTC Treaties, Implementing Arrangements, and implementing regulations of the applicable government including, but not limited to, unauthorized re-transfer or re-export in violation of the procedures established in the applicable Implementing Arrangement and implementing regulations, remains subject to applicable licensing requirements of the government of Australia, the government of the United Kingdom,  and the United States Government, as applicable, including any criminal, civil, and administrative penalties or sanctions contained therein; and

	(g)  Representation.  The offeror shall check one of the following boxes and sign the representation:

□  The offeror represents that export(s) or transfer(s) of qualifying defense articles were made in preparing its response to this solicitation and that such export(s) or transfer(s) complied with the requirements of this provision.
______________________________________________________________
Name/Title of Duly Authorized Representative             Date

□  The offeror represents that no export(s) or transfer(s) of qualifying defense articles were made in preparing its response to this solicitation.

______________________________________________________________
  Name/Title of Duly Authorized Representative             Date

	(h)  Subcontracts.  Flow down the substance of this provision, including this paragraph (h), but excluding the representation at paragraph (g), to any subcontractor at any tier intending to use the DTC Treaties in responding to this solicitation.

(End of provision)