FAR 52.225-6—Trade Agreements Certificate.
Plain-English Summary
FAR 52.225-6, Trade Agreements Certificate, is the offeror’s certification and disclosure provision used in solicitations subject to the Trade Agreements Act framework in FAR part 25. It covers three main topics: the offeror’s certification that each end product is a U.S.-made or designated country end product unless specifically identified otherwise; the requirement to list any “other end products” that are not U.S.-made or designated country end products, including their line item numbers and countries of origin; and the Government’s evaluation approach for those offers under the trade agreements rules. In practice, this provision helps the contracting officer determine whether offered supplies qualify for trade agreements treatment, whether any items are excluded from that treatment, and how to evaluate competing offers for award. It also ties the solicitation to the separate “Trade Agreements” clause, which supplies the definitions of U.S.-made end product, designated country end product, and other relevant terms. For WTO GPA-covered line items, the provision confirms that qualifying products are evaluated without applying Buy American restrictions, while nonqualifying products may be excluded from award consideration unless the contracting officer finds no qualifying offers or insufficient qualifying offers to meet the requirement. The provision therefore serves both as a compliance certification and as a source-selection tool that affects eligibility for award.
Key Rules
Certify qualifying end products
The offeror certifies that each end product is a U.S.-made or designated country end product, except for items specifically listed as other end products. This certification is made by reference to the solicitation’s Trade Agreements clause, which defines the qualifying product categories.
Disclose nonqualifying items
Any supplies that are not U.S.-made or designated country end products must be listed as other end products, with the line item number and country of origin. This disclosure is required so the Government can identify which offered items do not receive trade agreements treatment.
Evaluate under FAR part 25
The Government evaluates offers using the policies and procedures in FAR part 25. That means the trade agreements rules, including applicability thresholds and country coverage, control how offers are considered for award.
WTO GPA treatment
For line items covered by the WTO Government Procurement Agreement, the Government evaluates offers of U.S.-made or designated country end products without regard to Buy American restrictions. In other words, qualifying products are not penalized by domestic-preference rules for those covered items.
Limit award to qualifying offers
The Government will consider for award only offers of U.S.-made or designated country end products unless the contracting officer determines there are no such offers or that the qualifying offers are insufficient to meet the solicitation’s requirements. This creates a default preference for qualifying products, with limited exceptions.
Responsibilities
Offeror
Certify whether each end product is a U.S.-made or designated country end product, identify any other end products, and provide the line item number and country of origin for each nonqualifying item.
Contracting Officer
Use the certification and disclosures to evaluate offers under FAR part 25, determine whether WTO GPA coverage applies, and decide whether there are no qualifying offers or whether qualifying offers are insufficient to satisfy the solicitation.
Government/Evaluators
Assess offers in accordance with trade agreements rules, give proper treatment to qualifying end products, and exclude nonqualifying offers from award consideration unless an exception applies.
Solicitation drafter/Agency
Include the provision when prescribed, ensure the related Trade Agreements clause is present, and structure the solicitation so offerors can identify and disclose any nonqualifying end products.
Practical Implications
Offerors must check each line item carefully against the Trade Agreements clause definitions; a mistaken certification can create compliance problems or lead to rejection of the offer.
If an item is not a U.S.-made or designated country end product, it must be listed explicitly. Omitting a nonqualifying item can make the certification inaccurate and create award risk.
Contracting officers should verify that the solicitation’s trade agreements coverage is correctly determined, because WTO GPA coverage changes how qualifying products are evaluated.
This provision can affect competition outcomes: offers with nonqualifying products may be ineligible for award unless the contracting officer makes the required finding that no qualifying offers exist or that qualifying offers are insufficient.
A common pitfall is confusing country-of-origin disclosure with product qualification; the country listed must support the trade agreements analysis, not just general sourcing information.
Official Regulatory Text
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)