25.102
Policy
Unless an exception applies, agencies must acquire only domestic end products for public use within the United States under the Buy American Act.
Overview
FAR 25.102 establishes the core policy for the Buy American Act as it applies to the acquisition of supplies. It mandates that, unless an exception in FAR 25.103 applies, government agencies must acquire only domestic end products for public use within the United States. This policy is designed to prioritize U.S.-made goods in federal procurement, supporting domestic manufacturing and supply chains. Contracting officers must ensure compliance with this requirement during the acquisition planning and contract award processes, and contractors should be prepared to certify the domestic origin of their products unless an exception is granted.
Key Rules
- Domestic End Products Requirement
- Agencies must acquire only domestic end products for public use inside the United States, unless an exception applies.
- Exceptions Reference
- Any deviation from this policy must be justified under the exceptions listed in FAR 25.103.
Responsibilities
- Contracting Officers: Must verify that supplies offered are domestic end products or that an applicable exception is properly documented.
- Contractors: Must supply domestic end products unless an exception is approved, and may need to provide certifications or documentation of origin.
- Agencies: Must enforce compliance with the Buy American policy and maintain records of any exceptions granted.
Practical Implications
- This section is fundamental to ensuring compliance with the Buy American Act in federal supply contracts.
- Contractors should be prepared to demonstrate the domestic status of their products and understand the limited circumstances under which exceptions may be granted.
- Failure to comply can result in disqualification from contract awards or other penalties.