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    Home/FAR Navigator/52/52.2/52.225

    FAR Navigator

    • 1Federal Acquisition Regulations System
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    • 52Solicitation Provisions and Contract Clauses
      • 52.000Scope of part.
      • 52.1Subpart 52.1
      • 52.2Subpart 52.2
        • 52.200Scope of subpart.
        • 52.201[Reserved]
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        • 52.221[Reserved]
        • 52.222[Reserved]
        • 52.223[Reserved]
        • 52.224[Reserved]
        • 52.225[Reserved]
          • 52.225-1Buy American-Supplies
          • 52.225-2Buy American Certificate.
          • 52.225-3Buy American-Free Trade Agreements-Israeli Trade Act.
          • 52.225-4Buy American-Free Trade Agreements-Israeli Trade Act Certificate.
          • 52.225-5Trade Agreements.
          • 52.225-6Trade Agreements Certificate.
          • 52.225-7Waiver of Buy American Statute for Civil Aircraft and Related Articles.
          • 52.225-8Duty-Free Entry.
          • 52.225-9Buy American-Construction Materials.
          • 52.225-10Notice of Buy American Requirement-Construction Materials.
          • 52.225-11Buy American-Construction Materials under Trade Agreements.
          • 52.225-12Notice of Buy American Requirement-Construction Materials Under Trade Agreements.
          • 52.225-13Restrictions on Certain Foreign Purchases.
          • 52.225-14Inconsistency between English Version and Translation of Contract.
          • 52.225-15[Reserved]
          • 52.225-16[Reserved]
          • 52.225-17Evaluation of Foreign Currency Offers.
          • 52.225-18Place of Manufacture.
          • 52.225-19Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.
          • 52.225-20Prohibition on Conducting Restricted Business Operations in Sudan-Certification.
          • 52.225-21Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials.
          • 52.225-22Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials.
          • 52.225-23Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.
          • 52.225-24Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements.
          • 52.225-25Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.
          • 52.225-26Contractors Performing Private Security Functions Outside the United States.
        • 52.226[Reserved]
        • 52.227[Reserved]
        • 52.228[Reserved]
        • 52.229[Reserved]
        • 52.230[Reserved]
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      • 52.3Subpart 52.3
    • 53Forms
    Up to 52.2
    SectionUpdated April 16, 2026

    FAR 52.225—[Reserved]

    Contents

    • 52.225-1

      Buy American-Supplies

      FAR 52.225-1, Buy American-Supplies, is the core solicitation clause that tells offerors and contractors when they must provide domestic end products instead of foreign end products for supplies acquired for use in the United States. It defines the key terms that drive the Buy American analysis, including commercially available off-the-shelf (COTS) item, component, cost of components, critical component, domestic end product, end product, fastener, foreign end product, foreign iron and steel, produced in the United States, predominantly of iron or steel, steel, and United States. The clause also explains the statutory preference under 41 U.S.C. chapter 83, the special treatment for COTS items under 41 U.S.C. 1907, and the limited iron-and-steel-only test that applies to certain COTS end products. It gives offerors a mechanism to ask the contracting officer for a list of foreign articles that will be treated as domestic for the contract. In practice, this clause affects sourcing, pricing, compliance certifications, and supply-chain documentation, because contractors must know whether each offered item qualifies as domestic and whether any foreign content is allowed under the solicitation’s Buy American Certificate.

    • 52.225-2

      Buy American Certificate.

      FAR 52.225-2, Buy American Certificate, is an offer certification provision used in solicitations to collect the offeror’s representation about whether proposed end products are domestic end products or foreign end products under the Buy American framework. It requires the offeror to certify that each end product is domestic except for items listed as foreign, and to identify domestic end products that contain a critical component. The provision also requires the offeror to list foreign end products manufactured in the United States that do not qualify as domestic end products, and for non-COTS foreign end products that are not wholly or predominantly iron or steel, to indicate whether they exceed 55 percent domestic content. It ties directly to the definitions in the companion Buy American-Supplies clause and tells offerors how the Government will evaluate offers under FAR part 25. In practice, this provision is a key pre-award compliance and pricing tool: it helps the contracting officer determine whether offered supplies meet Buy American requirements, whether exceptions apply, and whether any domestic-content or critical-component issues need further review before award.

    • 52.225-3

      Buy American-Free Trade Agreements-Israeli Trade Act.

      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.

    • 52.225-4

      Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

      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.

    • 52.225-5

      Trade Agreements.

      FAR 52.225-5, Trade Agreements, implements the Trade Agreements Act framework in federal supply contracting by defining which products qualify as acceptable end products from designated countries and how those products are treated for evaluation and award. This clause covers the key definitions needed to apply trade agreement preferences, including Caribbean Basin country end product, designated country, designated country end product, end product, Free Trade Agreement country end product, least developed country end product, and the related concept of substantial transformation. It also explains how to treat incidental services in the value of a supply item, and it ties the clause to the specific countries covered by the WTO Government Procurement Agreement, free trade agreements, least developed country designations, and Caribbean Basin trade preferences. In practice, the clause tells contractors what origin claims are acceptable and tells contracting officers how to evaluate offered products under applicable trade agreements. It matters because it can determine whether a foreign-made item is eligible for award, whether a domestic preference applies, and whether a product must be rejected as ineligible. The clause also requires careful attention to country of origin, tariff-status exclusions, and the distinction between the article itself and incidental services included in the acquisition value.

    • 52.225-6

      Trade Agreements Certificate.

      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.

    • 52.225-7

      Waiver of Buy American Statute for Civil Aircraft and Related Articles.

      FAR 52.225-7 is a solicitation provision that tells offerors when the Buy American statute does not apply to certain civil aviation procurements because the United States Trade Representative has waived it for countries that are parties to the Agreement on Trade in Civil Aircraft. The provision defines the scope of "civil aircraft and related articles," including civil aircraft themselves, engines, engine parts and components, other aircraft parts, components, and subassemblies, and ground flight simulators and their parts and components used with those aircraft. It also explains which countries are covered by the waiver, how to determine whether an article is a "product of" one of those countries through wholly obtained or substantially transformed status, and that the waiver can be modified or withdrawn by the U.S. Trade Representative. In practice, this provision matters because it changes sourcing rules for covered civil aviation acquisitions and can make foreign-origin items from listed countries acceptable even when the Buy American statute would otherwise restrict them. Contractors need to understand the country-of-origin rules and the exact scope of covered items, while contracting officers need to ensure the provision is used only when prescribed and that offer evaluations reflect the current waiver status.

    • 52.225-8

      Duty-Free Entry.

      FAR 52.225-8, Duty-Free Entry, sets out the rules for obtaining duty-free treatment for qualifying foreign supplies imported into the customs territory of the United States for performance of a federal contract. It covers the definition of the customs territory of the United States; when the contractor may not include duties in the contract price; the notification process for foreign supplies over $20,000 that are not already identified in the Schedule for duty-free entry; the contracting officer’s decision process; price or cost adjustments when duty-free entry is granted; an exception to the notice requirement for commercially purchased items that cannot be economically or feasibly segregated; the contractor’s obligation to use duty-free entry only for supplies delivered to the Government and to pay duty on diverted items; the Government’s role in executing certificates and assisting with entry; shipping document and package-marking requirements; the contractor’s duty to notify the contract administration office; and the flow-down requirement to subcontracts. In practice, the clause is designed to prevent the Government from paying unnecessary customs duties while ensuring imported items are properly identified, documented, and controlled. It matters most when performance involves overseas sourcing, imported components, or end products entering U.S. customs territory. Contractors must coordinate early with the contracting officer and customs-related personnel, because missed notices or incorrect shipping paperwork can delay entry, create unallowable costs, or trigger duty liability. Contracting officers and contract administration offices must also act quickly to determine eligibility and execute required customs documents.

    • 52.225-9

      Buy American-Construction Materials.

      FAR 52.225-9, Buy American-Construction Materials, is the core domestic-preference clause for construction contracts. It defines the key terms used to decide whether a construction material is domestic, including commercially available off-the-shelf (COTS) item, construction material, cost of components, critical component, critical item, and domestic construction material. It also explains how to treat materials purchased directly by the Government, how to evaluate preassembled items and emergency life safety systems, and how to calculate domestic content for both non-iron/steel materials and materials that consist wholly or predominantly of iron or steel. The clause is important because it determines whether the contractor may use foreign construction materials, whether an exception or nonavailability determination is needed, and how compliance is measured in practice. It also reflects the evolving domestic content thresholds, including the phased increase for non-iron/steel construction materials delivered in calendar years 2024 through 2029 and beyond. In day-to-day contracting, this clause drives sourcing decisions, subcontractor flowdown, material tracking, and documentation of component costs and origin. It is a compliance-heavy clause that can affect pricing, schedule, substitutions, and acceptance of installed materials.

    • 52.225-10

      Notice of Buy American Requirement-Construction Materials.

      FAR 52.225-10 is the solicitation provision that tells offerors how the Buy American statute will be applied in construction acquisitions and what they must do if they want an exception. It works together with FAR 52.225-9, Buy American-Construction Materials, by cross-referencing the definitions of COTS item, construction material, domestic construction material, and foreign construction material, and by requiring offerors to submit the information and supporting data needed to justify any claimed exception. The provision explains when and how an offeror may request a determination that the Buy American statute does not apply, including requests based on unreasonable cost, and it tells the Government how those requests will be evaluated. It also addresses alternate offers using equivalent domestic construction material, the need for separate pricing and documentation, and what happens if the Government denies the requested exception. In practice, this provision is important because it affects bid preparation, pricing strategy, responsiveness in sealed bidding, and whether a contractor must furnish domestic or foreign construction materials after award. Alternate I changes the timing of the inapplicability request by requiring the request to be submitted with the offer rather than before submission, which can materially affect how offerors package their proposals.

    • 52.225-11

      Buy American-Construction Materials under Trade Agreements.

      FAR 52.225-11, Buy American-Construction Materials under Trade Agreements, tells contractors and contracting officers how to evaluate construction materials when a construction contract is subject to the Buy American statute but also covered by one or more trade agreements. The clause defines the key terms needed to apply the rule, including Caribbean Basin country construction material, commercially available off-the-shelf (COTS) item, component, construction material, cost of components, critical component, critical item, designated country, domestic construction material, foreign construction material, free trade agreement country, least developed country, and qualifying country, along with related concepts used to determine origin and compliance. It also explains how materials are treated when they are wholly produced in a covered country, substantially transformed there, or incorporated into a construction material from multiple sources. In practice, this clause determines whether a contractor may use a foreign-made construction material, whether a domestic preference applies, and how trade agreement exceptions can override or modify the normal Buy American analysis. It matters because construction projects often involve complex supply chains, multiple tiers of subcontractors, and materials that may be assembled, preassembled, or manufactured in different countries. The clause is also important because it ties compliance to country-of-origin rules, component cost calculations, and special treatment for certain systems and critical items, which can affect pricing, sourcing, and proposal strategy.

    • 52.225-12

      Notice of Buy American Requirement-Construction Materials Under Trade Agreements.

      FAR 52.225-12 is the solicitation provision that tells offerors how to handle Buy American Act issues for construction materials when trade agreements may apply. It explains the relevant definitions by cross-reference to FAR 52.225-11, how and when an offeror may request a determination that the Buy American statute does not apply, what information must be submitted with that request, how the Government will evaluate offers that seek an exception based on unreasonable cost, and how tie situations are resolved. It also addresses alternate offers when foreign construction material is proposed, including the need for a separate Standard Form 1442 and a separate price comparison table. The provision further explains what happens if the Government denies the requested exception, including rejection as nonresponsive in sealed bidding or possible acceptance if revised during negotiations. Alternate I changes the timing of the inapplicability request so it must be submitted with the offer, while Alternate II adds special treatment for Bahraini, Mexican, and Omani construction material and limits the alternate-offer rules accordingly. In practice, this provision is important because it controls how contractors preserve eligibility to offer foreign materials, how contracting officers evaluate price impacts and responsiveness, and how trade agreement country materials are treated differently from other foreign materials.

    • 52.225-13

      Restrictions on Certain Foreign Purchases.

      FAR 52.225-13, Restrictions on Certain Foreign Purchases, is a mandatory contract clause that implements U.S. economic sanctions and trade restrictions administered by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury. It tells contractors that they may not acquire supplies or services for contract performance if a proclamation, Executive order, statute, or OFAC regulation would prohibit the transaction for a person subject to U.S. jurisdiction, unless OFAC specifically authorizes it. The clause highlights the practical effect of OFAC sanctions on common contracting activities, including transactions involving Cuba, Iran, and Sudan, and most imports from Burma or North Korea into the United States or its outlying areas. It also points contractors to OFAC’s Specially Designated Nationals and Blocked Persons (SDN) list and OFAC’s regulations and website for current sanctions information. Finally, it requires flowdown of the clause, including paragraph (c), into all subcontracts, making compliance a supply-chain responsibility rather than only a prime contractor issue. In practice, this clause is about screening vendors, products, and services against sanctions restrictions before purchase, documenting any authorization, and ensuring subcontractors follow the same rules.

    • 52.225-14

      Inconsistency between English Version and Translation of Contract.

      FAR 52.225-14, Inconsistency Between English Version and Translation of Contract, is a short but important clause used when a contract may be translated into another language. It addresses one core issue: if there is any conflict between the English-language contract and a translation, the English version controls. The clause is prescribed by FAR 25.1103(b), so it is used in the circumstances identified by the acquisition rules for foreign-language or bilingual contract administration. In practice, the clause protects the Government and the parties from disputes caused by translation errors, differing legal meanings, or inconsistent wording in bilingual documents. It also makes clear that translations are for convenience or administration, not a substitute for the official contract text. For contractors, this means they must treat the English text as the binding source and ensure any translation they rely on matches it exactly. For contracting officers and agencies, it reduces ambiguity and helps prevent claims based on mistranslation or reliance on a non-English version.

    • 52.225-15

      [Reserved]

    • 52.225-16

      [Reserved]

    • 52.225-17

      Evaluation of Foreign Currency Offers.

      FAR 52.225-17, Evaluation of Foreign Currency Offers, tells offerors and contracting officers how the Government will compare offers when more than one currency is submitted. Its purpose is to make price evaluation fair and consistent by converting foreign currency offers into U.S. dollars using a rate source the contracting officer identifies in the solicitation. The provision also fixes the exact date on which the exchange rate must be taken, and that date depends on the acquisition method: for sealed bidding, the bid opening date; for negotiated acquisitions, either the initial proposal due date if award is based on initial offers, or the proposal revision due date if award is based on revised proposals. In practice, this provision matters because exchange-rate movement can change the evaluated ranking of offers even when the nominal foreign-currency prices do not change. It also creates a clear administrative record for how the Government performed the conversion, which helps avoid disputes over evaluation fairness and price comparison methodology.

    • 52.225-18

      Place of Manufacture.

      FAR 52.225-18, Place of Manufacture, is a solicitation provision used for statistical reporting about where offered end products are manufactured. It defines two key terms: “manufactured end product” and “place of manufacture,” including an important clarification that if a product is disassembled and reassembled, the reassembly location is not the place of manufacture. The provision then requires the offeror to indicate whether the place of manufacture of the end products it expects to provide is predominantly in the United States or outside the United States, based on which side has the greater total anticipated price of offered end products. The provision applies only for statistical purposes; it does not itself establish a domestic preference, a compliance test, or a basis for award. In practice, it helps the Government collect data on manufacturing location while requiring offerors to make a good-faith classification of the expected mix of manufactured end products in their offer. The provision is limited to manufactured end products in the specified PSC/PSG universe and excludes certain raw or agricultural categories that are not treated as manufactured end products for this purpose.

    • 52.225-19

      Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.

      FAR 52.225-19 sets the baseline rules for contractor personnel performing overseas in high-risk environments, either in a designated operational area or while supporting a diplomatic or consular mission outside the United States. It defines key terms such as chief of mission, combatant commander, designated operational area, and what it means to support a diplomatic or consular mission, because those definitions determine when the clause applies and who has authority over contractor activities. The clause addresses the operational realities of overseas performance by allocating responsibility for logistics and security support, requiring compliance with U.S., host-nation, and third-country laws as well as treaties, directives, and force-protection orders, and establishing pre-deployment personnel requirements such as security checks, medical readiness, passports and visas, clearances, training, and embassy registration. It also clarifies the legal status of contractor personnel as civilians, limits their use of deadly force except in self-defense or, for security personnel, when necessary to execute the security mission, and states that their service is not active duty military service. In practice, this clause is meant to reduce risk, protect personnel, and ensure coordination with diplomatic and military authorities in unstable or sensitive overseas settings. It is especially important because it can impose significant readiness, training, and compliance obligations before personnel may deploy, and because failure to meet those obligations can delay performance or create legal and security exposure.

    • 52.225-20

      Prohibition on Conducting Restricted Business Operations in Sudan-Certification.

      FAR 52.225-20 is a solicitation provision that requires an offeror to certify, simply by submitting an offer, that it does not conduct any restricted business operations in Sudan. The provision defines several key terms, including “business operations,” “marginalized populations of Sudan,” and “restricted business operations,” and it ties those definitions to the Sudan Accountability and Divestment Act of 2007 and the Darfur Peace and Accountability Act. It also identifies specific categories of Sudan-related activities that are considered restricted, such as power production, mineral extraction, oil-related activities, and production of military equipment. At the same time, it carves out several exceptions, including operations conducted directly and exclusively with the regional government of southern Sudan, operations specifically authorized by OFAC or otherwise exempted by federal law, activities providing goods or services to marginalized populations, peacekeeping forces, humanitarian organizations, or for health and education purposes, and operations that have been voluntarily suspended. In practice, this provision is meant to screen out offerors whose Sudan-related business activities conflict with U.S. policy restrictions, and it places the burden on the offeror to make the certification accurately when submitting an offer.

    • 52.225-21

      Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials.

      FAR 52.225-21 is the construction-specific Buy American clause that tells contractors what kinds of iron, steel, and other construction materials must be domestic when performing a federal construction contract. It covers the clause’s definitions of component, construction material, domestic construction material, foreign construction material, manufactured construction material, steel, United States, and unmanufactured construction material, because those definitions determine whether a product is subject to the domestic preference rules. It also explains the clause’s two legal bases: the Recovery Act requirement for manufactured construction materials and iron/steel content, and the Buy American statute preference for unmanufactured construction materials. In practice, the clause requires contractors to use domestic construction materials unless an exception applies, and it gives the contracting officer authority to list excepted materials or add foreign materials when domestic products are unreasonable in cost. This section matters because compliance affects material sourcing, subcontractor procurement, submittals, pricing, and the risk of rejection, substitution, or contract noncompliance if foreign materials are used without authorization. For contractors, it is a front-end purchasing and documentation issue; for contracting officers, it is a specification, evaluation, and administration issue that must be handled carefully in the solicitation and during performance.

    • 52.225-22

      Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials.

      FAR 52.225-22 is the solicitation provision that tells offerors how to respond when a construction procurement is subject to the Buy American statute and, where applicable, section 1605 of the Recovery Act. It works together with FAR 52.225-21, which contains the operative definitions, domestic-content requirements, exception process, and supporting-data requirements for iron, steel, manufactured goods, and other construction materials. This provision addresses the definitions by cross-reference, the timing and content of requests for determinations of inapplicability, the evaluation of offers when an exception for unreasonable cost is requested, the price adjustments the Government applies in evaluation, the treatment of best-value procurements, the tie-break preference rule, and the use of alternate offers when foreign construction material is proposed. It also explains what happens if the Government denies an exception request, including rejection as nonresponsive in sealed bidding or possible acceptance of a revised offer in negotiations. In practice, this provision is important because it tells contractors exactly how to preserve an exception request, how to structure alternate domestic offers, and how the Government will compare prices when foreign construction material is involved. For contracting officers, it provides the evaluation framework and the procedural consequences of exception determinations, helping ensure consistent application of domestic-preference rules in construction acquisitions.

    • 52.225-23

      Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.

      FAR 52.225-23 is the construction-specific domestic preference clause used when the Buy American statute and trade agreements both matter for a federal construction acquisition. It defines the key terms that determine whether a material is treated as domestic, foreign, designated-country, or Recovery Act designated-country, and it explains how to classify construction materials, manufactured materials, unmanufactured materials, components, and special items such as emergency life safety systems. The clause also ties those definitions to the legal regimes that may apply to a project, including the Buy American statute, the Trade Agreements Act framework, and Recovery Act rules. In practice, this clause tells contractors what materials may be used, how origin and transformation are evaluated, and when a material from a partner country can be treated more favorably than a nondesignated-country product. It is especially important on construction projects because the origin of a material can turn on where it was mined, produced, manufactured, or substantially transformed, and because some items are evaluated as a single construction material even if delivered in parts. The clause is also significant because it supports compliance, pricing, sourcing, and subcontracting decisions before materials are purchased or installed.

    • 52.225-24

      Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements.

      FAR 52.225-24 is the solicitation provision that tells offerors how to respond when a construction acquisition is subject to the Buy American statute, the Recovery Act domestic preference rules, and the trade agreements framework that can affect whether foreign construction materials may be used. It works together with FAR 52.225-23, which contains the substantive requirements and definitions for required use of iron, steel, and manufactured goods, and it tells offerors how to request a determination that a domestic-preference requirement does not apply, how the Government will evaluate offers that include foreign construction material, and when alternate offers may be submitted. The provision also addresses the special evaluation treatment for unreasonable-cost exceptions, including the 25 percent adjustment for foreign manufactured construction material and the 20 percent adjustment for foreign unmanufactured construction material. It further explains how sealed bidding and negotiated acquisitions differ when an exception is denied, and it sets out the alternate-offer process, including separate Standard Form 1442 submissions and cost comparison tables. Alternate I changes the timing of requests for inapplicability determinations, and Alternate II adds special treatment for Bahraini, Mexican, and Omani construction material under applicable trade agreement rules. In practice, this provision is important because it affects what materials an offeror may propose, what documentation must be submitted, how prices are evaluated, and whether a foreign-material offer can be accepted at all.

    • 52.225-25

      Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

      FAR 52.225-25 is a solicitation provision that requires offerors to make Iran-related representations and certifications before award, unless a trade agreements exception applies or a waiver has been granted under FAR 25.703-4. It covers the definitions of "person" and "sensitive technology," directs offerors to send questions about sensitive technology to the Department of State, and requires the offeror to represent and certify three separate Iran-related matters: whether it exports sensitive technology to the Government of Iran or related entities, whether it or persons it owns or controls engage in activities sanctionable under section 5 of the Iran Sanctions Act, and whether it or persons it owns or controls knowingly engage in certain threshold transactions with the Islamic Revolutionary Guard Corps or blocked persons. The provision also explains when these requirements do not apply, namely when the solicitation includes a trade agreements notice or certification and the offeror has certified that all offered products are designated country end products or designated country construction material. In practice, this provision is a screening and compliance gate: it helps the Government avoid contracting with entities involved in prohibited Iran-related activities, while giving offerors a clear pre-award disclosure and certification obligation tied to sanctions law, export-related concerns, and trade agreement exceptions.

    • 52.225-26

      Contractors Performing Private Security Functions Outside the United States.

      FAR 52.225-26 addresses how contractors performing private security functions outside the United States must operate when supporting U.S. Government activities in combat operations or other significant military operations. The clause defines key terms such as area of combat operations, other significant military operations, full cooperation, and private security functions, and it explains when the clause applies if performance occurs in both designated and non-designated areas. It requires contractors to comply with 32 CFR part 159 and with contract-specific orders, directives, and instructions covering personnel registration, weapons accountability, vehicle registration, and incident reporting. It also requires contractor personnel to be briefed on qualification, training, screening, host-nation and U.S. legal requirements, commander or Chief of Mission instructions, and rules on the use of force. The clause further requires full cooperation with Government-authorized investigations and gives the Contracting Officer authority to direct removal and replacement of noncompliant personnel at the contractor’s expense. In practice, this clause is a risk-control and accountability provision: it is designed to protect U.S. personnel, civilians, and mission integrity while ensuring private security contractors operate under clear oversight, reporting, and discipline standards in high-threat overseas environments.

    Back to 52.2FAR Navigator
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