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TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 1 - FEDERAL ACQUISITION REGULATION
SUBCHAPTER H - CLAUSES AND FORMS
PART 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.225 - 3 - Buy American ActFree Trade AgreementsIsraeli Trade Act.
As prescribed in 25.1101(b)(1)(i), insert the following clause: Buy American ActFree Trade AgreementsIsraeli Trade Act (JAN 2006) (a) Definitions. As used in this clause Component means an article, material, or supply incorporated directly into an end product.
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 end product.
Domestic end product means (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic.
End product means those articles, materials, and supplies to be acquired under the contract for public use.
End product of Australia, Canada, Chile, Mexico, or Singapore means an article that (1) Is wholly the growth, product, or manufacture of Australia, Canada, Chile, Mexico, or Singapore; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Australia, Canada, Chile, Mexico, or Singapore into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
Foreign end product means an end product other than a domestic end product.
Israeli end product means an article that (1) Is wholly the growth, product, or manufacture of Israel; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Israel 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.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Components of foreign origin. Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.
(c)Delivery of end products. The Contracting Officer has determined that FTAs and the Israeli Trade Act apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled Buy American ActFree Trade AgreementsIsraeli Trade Act Certificate. If the Contractor specified in its offer that the Contractor would supply an end product of Australia, Canada, Chile, Mexico, or Singapore or an Israeli end product, then the Contractor shall supply an end product of Australia, Canada, Chile, Mexico, or Singapore, an Israeli end product or, at the Contractor's option, a domestic end product.
(End of clause) Alternate I (JAN 2004). As prescribed in 25.1101(b)(1)(ii), add the following definition to paragraph (a) of the basic clause, and substitute the following paragraph (c) for paragraph (c) of the basic clause: Canadian end product means an article that (1) Is wholly the growth, product, or manufacture of Canada; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in 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 the article, provided that the value of those incidental services does not exceed that of the article itself.
(c) Delivery of end products. The Contracting Officer has determined that NAFTA applies to this acquisition. Unless otherwise specified, NAFTA applies to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled Buy American ActFree Trade AgreementsIsraeli Trade Act Certificate. If the Contractor specified in its offer that the Contractor would supply a Canadian end product, then the Contractor shall supply a Canadian end product or, at the Contractor's option, a domestic end product.
Alternate II (JAN 2004). As prescribed in 25.1101(b)(1)(iii), add the following definition to paragraph (a) of the basic clause, and substitute the following paragraph (c) for paragraph (c) of the basic clause: Canadian end product means an article that (1) Is wholly the growth, product, or manufacture of Canada; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in 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 the article, provided that the value of those incidental services does not exceed that of the article itself.
(c) Delivery of end products. The Contracting Officer has determined that NAFTA and the Israeli Trade Act apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled Buy American ActFree Trade AgreementsIsraeli Trade Act. If the Contractor specified in its offer that the Contractor would supply a Canadian end product or an Israeli end product, then the Contractor shall supply a Canadian end product, an Israeli end product or, at the Contractor's option, a domestic end product.
[64 FR 72434, Dec. 27, 1999, as amended at 66 FR 65350, Dec. 18, 2001; 67 FR 21536, Apr. 30, 2002; 68 FR 28086, May 22, 2003; 69 FR 1056, Jan.
7, 2004; 69 FR 59701, Oct. 5, 2004; 69 FR 77876, Dec. 28, 2004; 71 FR 219, Jan. 3, 2006]
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