FAR 25.100—Scope of subpart.
Plain-English Summary
FAR 25.100 defines the scope of Subpart 25.1, which is the part of the FAR that implements the Buy American statute and related presidential directives and statutory exceptions. Specifically, it ties the subpart to 41 U.S.C. chapter 83 (Buy American), Executive Order 10582, Executive Order 13881, Executive Order 14005, and the statutory waiver for commercially available off-the-shelf (COTS) items under 41 U.S.C. 1907, while noting the limitation in 25.101(a)(2)(ii). It also explains when the subpart applies to supplies acquired for use in the United States, including supplies bought under small business set-asides and the supply portion of service contracts that include furnishing supplies, such as leases. In practice, this section tells contracting officers when Buy American requirements must be considered and when they do not apply, based on the type of acquisition, the place of use, and the dollar threshold. It is the gateway provision for determining whether domestic preference rules must be applied before award.
Key Rules
Implements Buy American authorities
This subpart carries out the Buy American statute and the listed executive orders, so its rules are not optional policy guidance. Contracting personnel must use this subpart as the governing framework for domestic preference requirements in covered acquisitions.
COTS waiver is included
The subpart also implements the statutory waiver of the domestic content test for COTS items under 41 U.S.C. 1907. However, the cross-reference to 25.101(a)(2)(ii) means users must still check the specific limitations and conditions that apply to that waiver.
Applies to supplies used in the United States
The scope is limited to supplies acquired for use in the United States. If the supplies are not for U.S. use, this subpart does not apply under this section.
Covers small business set-asides
The Buy American rules still apply even when the supply contract is set aside for small business concerns. A small business set-aside does not remove the need to evaluate domestic preference requirements.
Threshold-based application
The subpart applies only when the supply contract exceeds the micro-purchase threshold, or when the supply portion of a services contract that includes furnishing supplies exceeds the micro-purchase threshold. Below that threshold, this section does not trigger application of the subpart.
Services contracts with supplies included
If a services contract includes a supply component, such as a lease, the supply portion must be evaluated separately for threshold purposes. This prevents agencies from avoiding Buy American coverage simply because the overall contract is labeled as a service contract.
Responsibilities
Contracting Officer
Determine whether the acquisition is for supplies used in the United States, whether the contract or supply portion exceeds the micro-purchase threshold, and whether any listed Buy American authority or COTS waiver applies. The contracting officer must apply Subpart 25.1 when the scope conditions are met, including in small business set-asides and mixed service/supply acquisitions.
Agency
Ensure acquisition planning and solicitation procedures account for Buy American coverage where applicable, including proper identification of supply acquisitions, service contracts with supply components, and any reliance on statutory or executive-order-based waivers.
Contractor
Understand that small business set-aside status does not eliminate Buy American requirements and be prepared to identify whether offered supplies are domestic, COTS, or otherwise eligible under an applicable waiver or exception.
Practical Implications
This section is the first screening step for Buy American compliance: if the acquisition is not for supplies used in the United States, or if it does not exceed the micro-purchase threshold, Subpart 25.1 may not apply.
Contracting officers should not assume a small business set-aside avoids domestic preference rules; the Buy American framework still applies unless an exception or waiver is available.
Mixed contracts can be tricky. If a services contract includes furnishing supplies, the supply portion must be analyzed separately, which is a common place for mistakes in planning and evaluation.
COTS items may qualify for a domestic content waiver, but users must still check the specific FAR limitation referenced in 25.101(a)(2)(ii) before relying on it.
A frequent pitfall is failing to identify whether the supplies are for use in the United States, which can lead to applying the wrong domestic preference rules or missing an applicable exception.
Official Regulatory Text
(a) This subpart implements- (1) 41 U.S.C. chapter 83 , Buy American; (2) Executive Order 10582, December 17, 1954; (3) Executive Order 13881, July 15, 2019; (4) Executive Order 14005, January 25, 2021; and (5) Waiver of the domestic content test of the Buy American statute for acquisition of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907 , but see 25.101 (a)(2)(ii). (b) It applies to supplies acquired for use in the United States, including supplies acquired under contracts set aside for small business concerns, if- (1) The supply contract exceeds the micro-purchase threshold; or (2) The supply portion of a contract for services that involves the furnishing of supplies ( e.g. , lease) exceeds the micro-purchase threshold.