25.100 Scope of subpart
Source: FAR 25.100 on acquisition.gov
FAR 25.100 sets the scope for Buy American requirements, applying them to most U.S. supply contracts above the micro-purchase threshold, with specific waivers for COTS items.
Overview
FAR 25.100 defines the scope of Subpart 25.1, which implements the Buy American statute (41 U.S.C. chapter 83) and related Executive Orders. This subpart establishes requirements for acquiring supplies for use in the United States, including those under contracts set aside for small businesses, when the contract value exceeds the micro-purchase threshold. It also addresses waivers for commercially available off-the-shelf (COTS) items, referencing specific statutory and executive authorities. The section clarifies when Buy American requirements apply and highlights exceptions, such as for COTS items under certain conditions.
Key Rules
- Implementation of Statutes and Executive Orders
- Enforces Buy American requirements per 41 U.S.C. chapter 83 and several Executive Orders (10582, 13881, 14005).
- Applicability to Contracts
- Applies to supply contracts and service contracts involving supplies for use in the U.S. that exceed the micro-purchase threshold.
- COTS Waiver
- Provides a waiver for the domestic content test for COTS items, with specific exceptions noted elsewhere in the FAR.
Responsibilities
- Contracting Officers: Must determine if Buy American requirements apply based on contract type, value, and item classification (COTS or not).
- Contractors: Must comply with Buy American requirements unless a waiver applies (e.g., for COTS items).
- Agencies: Ensure oversight and correct application of waivers and thresholds.
Practical Implications
- This section ensures U.S. government purchases prioritize American-made goods, with clear thresholds and exceptions.
- Contractors must be vigilant about contract value and item classification to determine compliance obligations.
- Misapplication of waivers or thresholds can lead to compliance issues or protest.
(a) This subpart implements-
(2) Executive Order 10582, December 17, 1954;
(3) Executive Order 13881, July 15, 2019;
(4) https://www.federalregister.gov/executive-order/14005" target="_blank">Executive Order 14005, January 25, 2021; and
(5) Waiver of the domestic content test of the Buy American statute for acquisition of commercially available off-the-shelf (COTS) items in accordance with http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim" target="_blank">41 U.S.C. 1907, but see 25.101(a)(2)(ii).
(b) It applies to supplies acquired for use in the United States, including supplies acquired under contracts set aside for small business concerns, if-
(1) The supply contract exceeds the micro-purchase threshold; or
(2) The supply portion of a contract for services that involves the furnishing of supplies (e.g., lease) exceeds the micro-purchase threshold.