Buy American-Free Trade Agreements-Israeli Trade Act Certificate
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.