252.225-7000 Buy American Act--Balance of Payments Program
Certificate.
252.225-7001 Buy American Act and Balance of Payments
Program.
252.225-7002 Qualifying Country Sources as Subcontractors.
252.225-7003 Report of Intended Performance Outside the
252.225-7004 Report of Intended Performance Outside the
252.225-7005 Identification of Expenditures in the
252.225-7006 Quarterly Reporting of Actual Contract
Performance Outside the
252.225-7007 Prohibition on Acquisition of
252.225-7008 Reserved.
252.225-7009 Reserved.
252.225-7010 Reserved.
252.225-7011 Restriction on Acquisition of Supercomputers.
252.225-7012 Preference for Certain Domestic Commodities.
252.225-7013 Duty-Free Entry.
252.225-7014 Preference for Domestic Specialty Metals.
252.225-7015 Restriction on Acquisition of Hand or
Measuring Tools.
252.225-7016 Restriction on Acquisition of Ball and Roller
Bearings.
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.
252.225-7019 Restriction on Acquisition of Anchor and
Mooring Chain.
252.225-7020 Trade Agreements Certificate.
252.225-7021 Trade Agreements.
252.225-7022 Trade Agreements Certificate – Inclusion of
Iraqi End Products.
252.225-7023 Preference for Products or Services from
252.225-7024 Requirement for Products or Services from
252.225-7025 Restriction on Acquisition of Forgings.
252.225-7026 Acquisition Restricted to Products or
Services from
252.225-7027 Restriction on Contingent Fees for Foreign
Military Sales.
252.225-7028 Exclusionary Policies and Practices of
Foreign Governments.
252.225-7029 Reserved.
252.225-7030 Restriction on Acquisition of Carbon, Alloy,
and Armor Steel Plate.
252.225-7031 Secondary Arab Boycott of
252.225-7032 Waiver of
252.225-7033 Waiver of
252.225-7034 Reserved.
252.225-7035 Buy American Act--Free Trade Agreements--Balance of Payments Program
Certificate.
252.225-7036 Buy American Act--Free Trade Agreements--Balance of Payments Program.
252.225-7037 Evaluation of Offers for Air Circuit Breakers.
252.225-7038 Restriction on Acquisition of Air Circuit Breakers.
252.225-7039 Reserved.
252.225-7040 Contractor Personnel Authorized to Accompany
252.225-7041 Correspondence in English.
252.225-7042 Authorization to Perform.
252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the
252.225-7044 Balance of Payments Program--Construction Material.
252.225-7045 Balance of Payments Program--Construction Material Under Trade
Agreements.
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
(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, 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 clause¾
(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
(ii) An end product manufactured in the
(A) The cost of its qualifying country components
and its components that are mined, produced, or manufactured in the
(1) Sufficient and reasonably available
commercial quantities of a satisfactory quality are not mined, produced, or
manufactured in the
(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—
(i) An unmanufactured end product mined or
produced in a qualifying country; or
(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
(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
(9) “
(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 Act¾Balance
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
(End of
clause)
252.225-7003
Report of Intended Performance Outside the
As prescribed
in 225.7204(a), use the following provision:
REPORT OF INTENDED PERFORMANCE OUTSIDE THE
UNITED STATES AND
(a) Definition. “
(b)
The offeror shall submit, with its offer, a report of intended performance
outside the
(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
(i) Exceeds $550,000 in value; and
(ii) Could be performed inside the
(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
(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
As prescribed in 225.7204(b), use the
following clause:
REPORT OF
INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND
(a) Definition. “
(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
(1) Exceeds $550,000 in value; and
(2) Could be performed inside the
(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: Deputy Director of Defense Procurement and
Acquisition Policy (Contract Policy and International Contracting),
OUSD(AT&L)DPAP(CPIC),
(d) Report
format. The Contractor—
(1) Shall submit reports using—
(i) DD Form 2139, Report of Contract Performance
Outside the
(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.
(End of
clause)
252.225-7005 Identification of Expenditures in the
As prescribed in 225.1103(1), use the
following clause:
IDENTIFICATION
OF EXPENDITURES IN THE UNITED STATES (JUN 2005)
(a) Definition. “
(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
(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
(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)
(ii)
(iii) Transportation on
(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)
252.225-7006 Quarterly Reporting of Actual Contract
Performance Outside the
As prescribed in 225.7204(c), use the
following clause:
QUARTERLY
REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (MAY 2007)
(a) Definition. “
(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
(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),
(e) Report
format. The Contractor—
(1) Shall submit reports using—
(i) DD Form 2139, Report of Contract Performance
Outside the
(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
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 of
(2) Owned or controlled by, or affiliated with,
an element of the Government or armed forces of the People’s Republic of
“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
(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.
(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
Kingdom of Great Britain and Northern Ireland.
(4) “
(5) “U.S.-flag vessel” means a vessel of the
(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
(1) Food.
(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;
(4) To foods, other than fish, shellfish, or
seafood, that have been manufactured or processed in the
(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,
include¾
(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
(2) Any processing or manufacturing of the fish,
shellfish, or seafood shall be performed on a U.S.-flag vessel or in the
(End of
clause)
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
(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
(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
(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
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.
(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
(B) Submit the completed customs forms to the
District Director of Customs, with a copy to
(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)
252.225-7014 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
(c) This clause does not apply to specialty
metals—
(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
(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 clause¾
(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.
(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
(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 for¾
(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.
(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) “
(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
(c) This prohibition does not apply to a foreign
government or firm if—
(1) The contract will be performed within the
(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
(4) The U.S. Government determines that a
(d) The offeror (_____) is (_____) is not a
(End of
provision)
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
(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—
(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 clause¾
(1) “
(i) Means an article that¾
(A) Is wholly the growth, product, or manufacture
of a
(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
(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 of¾
(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
(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
(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 that¾
(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—
(i) Is wholly the growth, product, or manufacture
of a least developed 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 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.
(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” means¾
(i) An unmanufactured end product mined or
produced in a qualifying country; or
(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
(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
(11) “
(12) “U.S.-made end product” means an article that¾
(i) Is mined, produced, or manufactured in the
(ii) Is substantially transformed in the
(13) “WTO GPA country end product” means an
article that¾
(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 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
(3) Section XXII, Chapter 98, Subchapter II,
Articles Exported and Returned, Advanced or Improved Abroad,
(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—
(i) Is wholly the growth, product, or manufacture
of
(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—
(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
As
prescribed in 225.7703-5(a), use the following provision:
PREFERENCE FOR PRODUCTS OR SERVICES FROM
(SEP 2008)
(a)
Definitions. “Product from
(b)
Representation. The offeror represents that all products or
services to be delivered under a contract resulting from this solicitation are
products from
(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
(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
(End of provision)
252.225-7024 Requirement for Products or Services from
As
prescribed in 225.7703-5(b), use the following clause:
REQUIREMENT FOR PRODUCTS OR SERVICES FROM
(SEP 2008)
(a)
Definitions. As used in this clause—
(1) “Product from
(2) “Service from
(b)
The Contractor shall provide only products from
(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 clause¾
(1) “Domestic manufacture” means—
(i) Manufactured in the
(ii) Manufactured in
(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
As
prescribed in 225.7703-5(c), use the following clause:
ACQUISITION RESTRICTED TO PRODUCTS OR
SERVICES FROM
(a)
Definitions. As used in this clause—
(1) “Product from
(2) “Service from
(b)
The Contractor shall provide only products from
(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
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
(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
(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)
252.225-7031 Secondary Arab Boycott of
As
prescribed in 225.7605, use the following provision:
SECONDARY ARAB BOYCOTT OF
(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
(2) “
(3) “
(i) Any
(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
As
prescribed in 225.1101(8), use the following provision:
WAIVER OF
(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
(1) The name of the
(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,
(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
(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
(End of provision)
252.225-7033
Waiver of
As
prescribed in 225.1101(9), use the following clause:
WAIVER OF
(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
(b)
If the Contractor contemplates award of a subcontract exceeding
$1
million to a
(1) Name of the
(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,
(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
(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—
(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
(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)
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
(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
(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
(ii) An end product manufactured in the
(A) The cost of its qualifying country components
and its components that are mined, produced, or manufactured in the
(1) Sufficient and reasonably available
commercial quantities of a satisfactory quality are not mined, produced, or
manufactured in the
(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—
(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
(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” means¾
(i) An unmanufactured end product mined or
produced in a qualifying country; or
(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
(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
(13) “
(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
(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, 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
(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
(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
(End of clause)
252.225-7039 Reserved.
252.225-7040 Contractor Personnel Authorized to Accompany
As
prescribed in 225.7402-5(a), use the following clause:
CONTRACTOR
PERSONNEL AUTHORIZED TO ACCOMPANY
(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
“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
(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
(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.
(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 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)
(ii) Provisions of the law of war, as
well as any other applicable treaties and international agreements;
(iii)
(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 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.
(i) All required security and background checks
are complete and acceptable.
(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
(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
(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
(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;
(ii) Detail how the position would be filled if
the individual were mobilized; and
(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 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—
(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 Government-furnished
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 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
(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 employee-designated 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 Government-furnished 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
(1) Contingency operations;
(2) Humanitarian or peacekeeping operations; or
(3) Other military operations or military
exercises, when designated by the 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
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. “
(b)
Except as provided in paragraph (c) of this clause, the Contractor and
its subcontractors, if performing or traveling outside the
(1) Affiliate with the Overseas Security Advisory
Council, if the Contractor or subcontractor is a
(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 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
is¾
(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) (Pop-up Window or PGI Viewer Mode).
(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
(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 duty-free entry
certificate is issued); or
(2) For components manufactured by the
Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this
definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the construction material.
“Domestic
construction material” means--
(1) An unmanufactured construction material mined
or produced in the
(2) A construction material manufactured in the
(i) The cost of its components mined, produced,
or manufactured in the
(ii) The construction material is a COTS item.
“
(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
(2) The construction material or components
listed by the Government as follows:
_________________________________________________________________________________
[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--
“
(1) Is wholly the growth, product, or manufacture
of a
(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
“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
(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 duty-free entry
certificate is issued); or
(2) For components manufactured by the
Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this
definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the construction material.
“Designated country” means--
(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
“Domestic
construction material” means--
(1) An unmanufactured construction material mined
or produced in the
(2) A construction material manufactured in the
(i) The cost of its components mined, produced,
or manufactured in the
(ii)
The construction material is a COTS item.
“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--
(1) Is wholly the growth, product, or manufacture
of a least developed 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 least developed country into a new and different
construction material distinct from the materials from which it was
transformed.
“
“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
(2) The construction material or components
listed by the Government as follows:
_________________________________________________________________________________
[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
(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
(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
(2) The construction material or components
listed by the Government as follows:
_________________________________________________________________________________
[Contracting Officer to list applicable
excepted materials or indicate “none”].