FAR 52.225-4—Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

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.

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.