52.225-6 Trade Agreements Certificate
Source: FAR 52.225-6 on acquisition.gov
Offerors must certify and clearly disclose whether their products are U.S.-made, designated country, or other end products to comply with trade agreement requirements and ensure eligibility for award.
Overview
FAR 52.225-6, Trade Agreements Certificate, requires offerors to certify that each end product offered (except those specifically listed) is a U.S.-made or designated country end product, as defined by the Trade Agreements clause. Offerors must identify any products that do not meet these criteria by listing them as "other end products" with their line item numbers and countries of origin. The Government evaluates offers in accordance with FAR Part 25, giving preference to U.S.-made or designated country end products for line items covered by the World Trade Organization Government Procurement Agreement (WTO GPA). Offers for non-compliant products will only be considered if compliant offers are unavailable or insufficient to meet the solicitation's requirements.
Key Rules
- Certification Requirement
- Offerors must certify that all end products (except those listed) are U.S.-made or designated country end products.
- Disclosure of Non-Compliant Products
- Any products not meeting the U.S.-made or designated country criteria must be listed with their line item numbers and countries of origin.
- Evaluation Procedures
- The Government evaluates offers per FAR Part 25, prioritizing compliant products for WTO GPA-covered items and only considering non-compliant products if necessary.
Responsibilities
- Contracting Officers: Ensure inclusion of this provision in applicable solicitations and evaluate offers per FAR Part 25.
- Contractors: Certify compliance, accurately list non-compliant products, and provide required country-of-origin information.
- Agencies: Oversee compliance and ensure proper evaluation of offers under trade agreements.
Practical Implications
- This provision ensures compliance with U.S. trade agreements and the Buy American statute.
- Contractors must carefully review their supply chains and accurately certify product origins to avoid disqualification.
- Failure to properly disclose non-compliant products or misrepresent product origins can result in offer rejection or legal consequences.
As prescribed in 25.1101(c)(2), insert the following provision:
Trade Agreements Certificate (Feb 2021)
(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."
(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.
Other End Products:
| Line Item No. | Country of Origin |
|
______________ |
_________________ |
|
______________ |
_________________ |
|
______________ |
_________________ |
[List as necessary]
(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.
(End of provision)