52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate
Source: FAR 52.225-4 on acquisition.gov
Offerors must accurately certify and disclose the origin and domestic content of all end products offered, ensuring compliance with Buy American, Free Trade Agreements, and the Israeli Trade Act requirements.
Overview
FAR 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate, is a solicitation provision requiring offerors to certify the origin of end products offered to the U.S. Government. This provision ensures compliance with the Buy American Act, various Free Trade Agreements (FTAs), and the Israeli Trade Act by requiring detailed disclosure of product origins and domestic content. Offerors must identify which products are domestic, which are covered by FTAs or the Israeli Trade Act, and which are other foreign end products, including whether they exceed 55% domestic content (unless they are COTS items). Alternate versions of the provision apply to specific trade agreements, such as those with Israel or Korea, and require tailored certifications. The government uses these certifications to evaluate offers in accordance with FAR Part 25 policies and procedures.
Key Rules
- Certification Requirement
- Offerors must certify the origin of each end product, specifying whether it is domestic, FTA country, Israeli, or other foreign, and indicate domestic content percentages where required.
- Listing of Products
- Offerors must list all relevant products by line item, country of origin, and, for certain foreign products, whether they exceed 55% domestic content.
- Critical Component Disclosure
- Offerors must identify domestic end products that contain a critical component.
- Alternate Provisions
- Alternate II and III require specific certifications for Israeli and Korean end products, depending on the solicitation.
Responsibilities
- Contracting Officers: Must include the appropriate provision and alternates in solicitations and evaluate certifications for compliance.
- Contractors/Offerors: Must accurately complete and submit the certificate, listing all required product information and making truthful certifications.
- Agencies: Must ensure compliance with trade agreements and Buy American requirements during evaluation.
Practical Implications
- This provision is crucial for ensuring compliance with U.S. trade laws and agreements, impacting offer eligibility and evaluation.
- Errors or omissions in certification can lead to disqualification or post-award issues.
- Contractors must have robust supply chain knowledge and documentation to accurately complete the certificate.
As prescribed in 25.1101 (b)(2)(i), insert the following provision:
Buy American-Free Trade Agreements-Israeli Trade Act Certificate (NOV 2023)
(a)
(1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c)(1) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(2) of this provision contains a critical component.
(2) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."
(b) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
| Line Item No. | Country of Origin |
|
______________ |
_________________ |
|
______________ |
_________________ |
|
______________ |
_________________ |
[List as necessary]
(c)
(1) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those 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 for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.
Other Foreign End Products:
| Line Item No. | Country of Origin | Exceeds 55% domestic content (yes/no) |
|
______________ |
_________________ |
_________________ |
|
______________ |
_________________ |
_________________ |
|
______________ |
_________________ |
_________________ |
[List as necessary]
(2) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
Line Item No. ___
[List as necessary]
(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.
(End of provision)
Alternate I [Reserved]
Alternate II (Jan 2025). As prescribed in 25.1101 (b)(2)(ii), substitute the following paragraph (b) for paragraph (b) of the basic provision:
(b) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”.
Israeli End Products:
| Line Item No. |
|
______________ |
|
______________ |
|
______________ |
[List as necessary]
Alternate III (Jan 2025). As prescribed in 25.1101 (b)(2)(iii), substitute the following paragraph (b) for paragraph (b) of the basic provision:
(b) The Offeror certifies that the following supplies are Korean end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”.
Korean End Products or Israeli End Products:
| Line Item No. | Country of Origin |
|
______________ |
_________________ |
|
______________ |
_________________ |
|
______________ |
_________________ |
[List as necessary]