FAR 52.225-4—Buy American-Free Trade Agreements-Israeli Trade Act Certificate.
Plain-English Summary
FAR 52.225-4 is the offer certification provision used in solicitations subject to the Buy American, Free Trade Agreements, and Israeli Trade Act rules. It tells offerors how to certify the origin status of offered supplies, including whether each end product is a domestic end product, a Free Trade Agreement country end product, an Israeli end product, a Korean end product under the applicable alternate, or a foreign end product. It also requires offerors to identify certain foreign end products, to flag foreign end products that exceed 55 percent domestic content when that test applies, and to list domestic end products that contain a critical component. The provision cross-references the definitions in the companion solicitation clause, so the certification depends on the detailed FAR definitions of terms such as end product, domestic end product, foreign end product, COTS item, critical component, and the various country-specific end product categories. In practice, this provision is the offeror’s formal representation that the offered supplies meet the applicable trade agreement and domestic preference rules, and it gives the Government the information needed to evaluate offers under FAR part 25 and determine whether an exception, trade agreement preference, or domestic content requirement applies. The alternate versions modify the certification to reflect different trade agreement coverage, including Israeli-only coverage or Korean and Israeli coverage.
Key Rules
Certify domestic status
The basic provision requires the offeror to certify that each end product is a domestic end product, except for items specifically listed as Free Trade Agreement country end products, Israeli end products, or foreign end products. This is the core representation that the offered supplies comply with the applicable domestic preference rules.
List trade agreement products
Offerors must identify supplies that are Free Trade Agreement country end products or Israeli end products in paragraph (b), using the line item and country of origin information requested. These items are treated separately from ordinary domestic end products because they may be eligible for trade agreement treatment under the solicitation.
Disclose other foreign end products
Paragraph (c)(1) requires the offeror to list foreign end products that are not already identified in paragraph (b), including end products manufactured in the United States that still do not qualify as domestic end products. This disclosure helps the Government determine whether the offered items are acceptable and whether any domestic content exception or price evaluation rule applies.
Report 55 percent domestic content
For foreign end products that are not wholly or predominantly iron or steel, or a combination of both, the offeror must indicate whether the item exceeds 55 percent domestic content, unless the item is a COTS item. If the percentage is unknown, the offeror must select 'no,' which places the burden on the offeror to avoid overstating compliance.
Identify critical components
Paragraph (c)(2) requires the offeror to list domestic end products that contain a critical component. This is important because a product may be domestic overall but still require special attention if it contains a critical component as defined in the companion clause and FAR 25.105.
Use the companion clause definitions
The provision does not define the key terms itself; instead, it incorporates the definitions from the solicitation clause entitled 'Buy American-Free Trade Agreements-Israeli Trade Act.' Offerors and contracting officers must use those definitions to determine whether an item is domestic, foreign, Israeli, Korean, or a Free Trade Agreement country end product.
Government evaluates under FAR part 25
Paragraph (d) states that the Government will evaluate offers under FAR part 25. That means the certification is not just informational; it feeds into the Government’s trade agreement and domestic preference evaluation process, including any applicable exceptions, thresholds, and price evaluation rules.
Alternate versions change coverage
Alternate II replaces paragraph (b) to cover Israeli end products only, while Alternate III replaces paragraph (b) to cover Korean end products or Israeli end products. These alternates tailor the certification to the specific trade agreement coverage applicable to the solicitation.
Responsibilities
Offeror
Certify the origin status of each offered end product, identify any Free Trade Agreement country end products, Israeli end products, Korean end products when applicable, and other foreign end products, and list domestic end products that contain a critical component. The offeror must also provide the requested line item and country-of-origin information and make the 55 percent domestic content indication where required.
Contracting Officer
Insert the correct version of the provision in the solicitation, including the appropriate alternate when required by the acquisition’s trade agreement coverage. The contracting officer must use the offeror’s certification and the companion FAR part 25 rules to evaluate offers and determine whether the offered supplies are acceptable under the applicable domestic preference and trade agreement framework.
Government evaluator
Review the certification and supporting offer information against the solicitation’s trade agreement clause and FAR part 25 evaluation rules. The evaluator must identify whether listed items qualify as domestic, foreign, or trade agreement end products and whether any listed foreign item triggers special evaluation treatment.
Agency
Apply the correct procurement policy and trade agreement coverage for the acquisition, including determining when the basic provision or an alternate is appropriate. The agency must ensure the solicitation aligns with the applicable Buy American, Free Trade Agreements, Israeli Trade Act, and any other relevant statutory or regulatory requirements.
Practical Implications
This provision is a certification, so accuracy matters: an incorrect origin representation can create evaluation problems, contract administration issues, or potential false certification exposure.
Offerors need a disciplined supply-chain review before bidding, because the form requires item-by-item identification rather than a general statement of compliance.
The 55 percent domestic content question can be a trap for non-COTS foreign end products; if the percentage is unknown, the provision directs the offeror to answer 'no,' so unsupported assumptions should be avoided.
Manufactured-in-the-U.S. items are not automatically domestic end products; contractors must still test them against the FAR definition, including domestic content and critical component issues.
Contracting officers should verify that the solicitation uses the correct alternate and that the companion Buy American-Free Trade Agreements-Israeli Trade Act clause is present, because the certification depends on those definitions and coverage rules.
Official Regulatory Text
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]