FAR 52.225-3—Buy American-Free Trade Agreements-Israeli Trade Act.
Plain-English Summary
FAR 52.225-3 is the clause that implements the Buy American Act together with the Free Trade Agreements and Israeli Trade Act framework for supply acquisitions. This section is primarily a definitions clause, but those definitions drive whether an offered item is treated as a domestic end product, a foreign end product, a Free Trade Agreement country end product, or a Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product. It also defines the key building blocks used in origin determinations, including commercial products, COTS items, components, cost of components, critical components, fasteners, foreign iron and steel, produced in the United States, and end products. In practice, these definitions determine whether a contractor can qualify its product for domestic preference treatment, how to calculate component content, and how to handle special rules for iron and steel items, COTS items, and products from designated trade agreement countries. The clause matters because a misclassification can change evaluation results, pricing, compliance obligations, and the risk of rejection, termination, or other contractual remedies. It is especially important for contractors assembling products from global supply chains and for contracting officers evaluating whether an offered item meets the applicable domestic preference or trade agreement exception.
Key Rules
Definitions control eligibility
This clause is a definitions-heavy provision, and those definitions are what determine whether an item qualifies as domestic, foreign, or trade-agreement eligible. Contractors and contracting officers must apply the clause’s specific definitions rather than relying on general commercial or customs concepts.
Domestic end product test
For most non-iron-and-steel items, an end product is domestic if it is mined or produced in the United States, or if it is manufactured in the United States and the domestic component cost threshold is met, or if it is a COTS item. The domestic component percentage is 60 percent generally, 65 percent for items delivered in calendar years 2024 through 2028, and 75 percent for items delivered starting in calendar year 2029.
Iron and steel special rule
If the end product consists wholly or predominantly of iron or steel, a different test applies: the item must be manufactured in the United States and the cost of foreign iron and steel must be less than 5 percent of the cost of all components. Foreign iron and steel includes mill products, castings, forgings, and other foreign iron or steel components, with COTS fasteners excluded from the foreign iron and steel calculation.
Produced in the United States standard
For iron or steel, 'produced in the United States' means all manufacturing processes from the initial melting stage through coating must occur in the United States, except metallurgical refinement of steel additives. The origin of the raw elements is not controlling; the location of the manufacturing processes is what matters.
COTS item treatment
A COTS item is a commercial product sold in substantial quantities in the commercial marketplace and offered to the Government without modification in the same form as sold commercially. COTS items are treated favorably in the domestic end product definition, but bulk cargo such as agricultural and petroleum products is excluded.
Component cost accounting
The clause specifies how to calculate the cost of components, including acquisition cost and transportation to the place of incorporation for purchased components, and manufacturing cost plus allocable overhead for components made by the contractor. Profit is excluded, and the cost of the end product itself is not included in component cost calculations.
Unknown origin and unavailable supply treatment
Components of unknown origin are treated as foreign, which can affect compliance calculations. Foreign components of a class or kind that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of satisfactory quality are treated as domestic for purposes of the test.
Trade agreement country end products
The clause defines Free Trade Agreement country end products and Bahraini, Moroccan, Omani, Panamanian, and Peruvian end products as articles wholly produced in those countries or substantially transformed there. These definitions support the trade agreement exceptions and preferences that may displace the standard Buy American analysis when applicable.
Fastener and scrap rules
Fasteners are specifically defined as hardware devices such as nuts, bolts, pins, rivets, nails, clips, and screws, which matters because they are treated differently in the iron and steel calculation. Scrap generated, collected, and prepared for processing in the United States is considered domestic.
Responsibilities
Contracting Officer
Identify whether the solicitation and resulting contract require application of this clause and use the clause’s definitions when evaluating offers. The contracting officer must determine the applicable preference framework, assess whether an offered item is domestic, foreign, or trade-agreement eligible, and ensure the correct threshold or special rule is applied based on the item type and delivery date.
Contractor
Classify offered end products correctly, maintain accurate origin and cost records, and certify or represent compliance based on the clause’s definitions. The contractor must calculate component costs properly, determine whether items qualify as COTS, and verify whether iron and steel content, foreign origin, or trade agreement country status affects eligibility.
Subcontractor/Supplier
Provide accurate origin, manufacturing, and cost information for supplied components and subassemblies. Suppliers must disclose whether components are domestic, foreign, or of unknown origin and support the prime contractor’s compliance calculations with reliable documentation.
Agency
Apply the correct trade agreement and domestic preference rules for the acquisition and determine whether any unavailable domestic source determinations or other exceptions apply. The agency must also ensure the solicitation structure and evaluation approach align with the applicable statutory and regulatory framework.
Practical Implications
Contractors should build origin and cost tracking into their supply chain records early, because the domestic content test depends on component-level data and delivery year thresholds.
A product can fail the domestic test even if final assembly occurs in the United States, if the component cost threshold is not met or if foreign iron and steel exceed the 5 percent limit for iron-and-steel products.
COTS status can simplify compliance, but only if the item truly meets the definition; modifying a commercial item or selling it in a noncommercial form can remove COTS treatment.
Unknown-origin components are risky because they are treated as foreign, which can unexpectedly push a product below the domestic threshold.
Trade agreement country status is not automatic just because a country is named in the clause; the item must still meet the wholly-produced or substantial-transformation test in that country.
Official Regulatory Text
As prescribed in 25.1101 (b)(1)(i), insert the following clause: Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (a) Definitions . As used in this clause— Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product means an article that— (1) Is wholly the growth, product, or manufacture of Bahrain, Morocco, Oman, Panama, or Peru; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Morocco, Oman, Panama, or Peru into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. Commercially available off-the-shelf (COTS) item — (1) Means any item of supply (including construction material) that is- (i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101 ); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) , such as agricultural products and petroleum products. Component means an article, material, or supply incorporated directly into an end product. Cost of components means— (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105 . Domestic end product means— (1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both– (i) An unmanufactured end product mined or produced in the United States; (ii) An end product manufactured in the United States, if— (A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or (B) The end product is a COTS item; or (2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components". End product means those articles, materials, and supplies to be acquired under the contract for public use. Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws. Foreign end product means an end product other than a domestic end product. Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign. Free Trade Agreement country means Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore. Free Trade Agreement country end product means an article that- (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. Israeli end product means an article that— (1) Is wholly the growth, product, or manufacture of Israel; or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Israel into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners. Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements. United States means the 50 States, the District of Columbia, and outlying areas. (b) Components of foreign origin . Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract. (c) Delivery of end products . 41 U.S.C. chapter 83 , Buy American statute, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907 , the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505 (a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled "Buy American-Free Trade Agreements-Israeli Trade Act Certificate." If the Contractor specified in its offer that the Contractor would supply a Free Trade Agreement country end product (other than a Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product) or an Israeli end product, then the Contractor shall supply a Free Trade Agreement country end product (other than a Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product), an Israeli end product or, at the Contractor’s option, a domestic end product. (End of clause) Alternate I [Reserved] Alternate II ( Jan 2025). As prescribed in 25.1101 (b)(1)(ii), substitute the following paragraph (c) for paragraph (c) of the basic clause: (c) Delivery of end products . 41 U.S.C. chapter 83 provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907 , the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners. In addition, the Contracting Officer has determined that the Israeli Trade Act applies to this acquisition. Unless otherwise specified, this trade agreement applies to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled “Buy American—Free Trade Agreements—Israeli Trade Act Certificate.” If the Contractor specified in its offer that the Contractor would supply an Israeli end product, then the Contractor shall supply an Israeli end product or, at the Contractor's option, a domestic end product. Alternate III (Feb 2024) . As prescribed in 25.1101 (b)(1)(iii), delete the definition of "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product" and add in its place the following definition of "Korean end product" in paragraph (a) of the basic clause; and substitute the following paragraph (c) for paragraph (c) of the basic clause: Korean end product means an article that— (1) Is wholly the growth, product, or manufacture of Korea (Republic of); or (2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Korea (Republic of) into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself. (c) Delivery of end products . 41 U.S.C. chapter 83 provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C.1907 , the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505 (a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners. In addition, the Contracting Officer has determined that the Korea (Republic of) FTA and the Israeli Trade Act apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled “Buy American—Free Trade Agreements—Israeli Trade Act Certificate.” If the Contractor specified in its offer that the Contractor would supply a Korean end product or an Israeli end product, then the Contractor shall supply a Korean end product, an Israeli end product, or at the Contractor’s option, a domestic end product. Alternate IV ( Oct 2022). As prescribed in 25.1101 (b)(1)(iv) substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a): (A) The cost of its components mined, produced, or manufactured in the United States exceeds __ percent of the cost of all its components. [ Contracting officer to insert the percentage. ]