52.225-2
Buy American Certificate
Offerors must accurately certify and disclose the origin and composition of all end products offered, ensuring compliance with the Buy American Act requirements.
Overview
FAR 52.225-2, Buy American Certificate, requires offerors to certify the origin of end products offered under a solicitation subject to the Buy American Act. Offerors must declare whether each end product is domestic or foreign, identify domestic end products containing critical components, and provide specific information for foreign end products, including whether they exceed 55% domestic content (unless they are COTS items). The provision ensures compliance with the Buy American Act by requiring transparency and documentation regarding the source and composition of supplied goods.
Key Rules
- Certification Requirement
- Offerors must certify that all end products (except those listed as foreign) are domestic and identify those with critical components.
- Foreign End Product Listing
- Offerors must list all foreign end products, including those manufactured in the U.S. that do not qualify as domestic, and indicate if they exceed 55% domestic content (except COTS items).
- Critical Component Identification
- Offerors must separately list domestic end products that contain a critical component.
- Definitions Reference
- Key terms are defined in the Buy American-Supplies clause of the solicitation.
- Evaluation
- The Government will evaluate offers per FAR Part 25 policies and procedures.
Responsibilities
- Contracting Officers: Ensure inclusion of this provision in applicable solicitations and evaluate certifications for compliance.
- Contractors/Offerors: Accurately complete and submit the certificate, listing all required information about domestic and foreign end products.
- Agencies: Oversee compliance and ensure proper evaluation of offers under FAR Part 25.
Practical Implications
- This provision enforces Buy American Act compliance by requiring detailed product origin disclosures.
- Contractors must maintain accurate records and understand definitions to avoid misrepresentation.
- Common pitfalls include misclassifying products, failing to list all required items, or misunderstanding COTS and domestic content thresholds.