252.225-7035

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

1. (a) Definitions. “Bahraini end product,” “commercially available off-the-shelf
2. (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation.
3. (b) Evaluation. The Government—
   1. (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and
   2. (2) For line items subject to the Buy American—Free Trade Agreements— Balance of Payments Program—Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.
4. (c) Certifications and identification of country of origin.
   1. (1) For all line items subject to the Buy American—Free Trade Agreements— Balance of Payments Program—Basic clause of this solicitation, the Offeror certifies that—
      1. (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;
      2. (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and
      3. (iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
   2. (2) The Offeror shall identify all end products that are not domestic end products.
      1. (i) The Offeror certifies that the following supplies are qualifying country (except Australian) end products: (Line Item Number) (Country of Origin)
      2. (ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products: (Line Item Number) (Country of Origin)
      3. (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”. Country of Origin Exceeds 55% Domestic Line Item Number (If known) Content (yes/no)
   3. (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation). Line Item Number: ________________[List as necessary]_______________________ Alternate I. As prescribed in 225.601(9) and (9)(ii), use the following provision, which does not use the phrases “Bahraini end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Moroccan end product,” “Panamanian end product,” and “Peruvian end products” in paragraph (a); does not use”Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii); does not use “Australian or” in paragraph (c)(2)(i); and includes “that are mined, produced, or manufactured in the United States” in paragraph (c)(2)(ii): BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—ALTERNATE I (FEB 2024)
      1. (a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “foreign end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225-7036 Buy American—Free Trade Agreements— Balance of Payments Program—Alternate I clause of this solicitation.
      2. (b) Evaluation. The Government—
         1. (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and
         2. (2) For line items subject to the Buy American—Free Trade Agreements— Balance of Payments Program—Alternate I clause of this solicitation, will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American or the Balance of Payments Program.
      3. (c) Certifications and identification of country of origin.
         1. (1) For all line items subject to the Buy American—Free Trade Agreements— Balance of Payments Program—Alternate I clause of this solicitation, the Offeror certifies that—
            1. (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;
            2. (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and
            3. (iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
         2. (2) The Offeror shall identify all end products that are not domestic end products.
            1. (i) The Offeror certifies that the following supplies are qualifying country end products: (Line Item Number) (Country of Origin)
            2. (ii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items that are mined, produced, or manufactured in the United States. If the percentage of the domestic content is unknown, select “no”. Country of Origin Exceeds 55% Domestic Line Item Number (If known) Content (yes/no)
         3. (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation). Line Item Number: ___________[List as necessary]______________ Alternate II. [Reserved] Alternate III. [Reserved] Alternate IV. As prescribed in 225.601(9) and (9)(iii), use the following provision, which adds “Korean end product” to paragraph (a) and uses “Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii), rather than “Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii) of the basic provision: BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—ALTERNATE IV (FEB 2024)
            1. (a) Definitions. “Bahraini end product,” “commercially available off-the-shelf
            2. (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Korean end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV clause of this solicitation.
            3. (b) Evaluation. The Government—
               1. (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and
               2. (2) For line items subject to the Buy American—Free Trade Agreements— Balance of Payments Program—Alternate IV clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.
            4. (c) Certifications and identification of country of origin.
               1. (1) For all line items subject to the Buy American—Free Trade Agreements— Balance of Payments Program—Alternate IV clause of this solicitation, the Offeror certifies that—
                  1. (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;
                  2. (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and
                  3. (iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
               2. (2) The Offeror shall identify all end products that are not domestic end products.
                  1. (i) The Offeror certifies that the following supplies are qualifying country (except Australian) end products: (Line Item Number) (Country of Origin)
                  2. (ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products: (Line Item Number) (Country of Origin)
                  3. (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”. Country of Origin Exceeds 55% Domestic Line item Number (If known) Content (yes/no)
               3. (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation). Line Item Number: ________[List as necessary]_____________