Good afternoon FUN with the FAR Friends!
Thank you for joining us for our 15th episode of Season 11! Steve Daoust was our host and David Gallacher was our guest speaker for this session, and they covered FAR Part 25 for our fifteenth episode of 2024!
FAR Part 25 (Foreign Acquisition)
As a follow-up to Wednesday’s session, here are a few facts to ponder:
DID YOU KNOW?
Stated exceptions to the Buy American Act include:
- Public Interest
- Nonavailability
- Unreasonable cost
- Resale at a commissary
- Information technology that is a commercial
FAR 25.103.
DID YOU KNOW?
The Buy American statute uses a two-part test to define a domestic end product (manufactured in the United States and a formula based on cost of domestic components).
DID YOU KNOW?
The Government is permitted to conduct interviews with a contractor’s employees (without employer present), onsite inspections, payroll reviews, and comparison of information to daily inspector’s report to ensure a contractor’s compliance with the wage statutes/regulations set forth in FAR Part 22.
FAR 22.406-7.
DID YOU KNOW?
For contracts performed outside of the United States, the agency shall provide logistical or security support only when 1) the appropriate agency official determines that such support is available and needed to ensure continuation of essential contractor services and 2) the contractor cannot obtain adequate support from other sources at a reasonable cost. FAR 25.301-2(a).
DID YOU KNOW?
When evaluating foreign offers, the CO may rely on a contractor’s certification of end-product origin. FAR 25.501(b).
DID YOU KNOW?
Contract clauses that restrict country of origin should be flowed down from prime to subcontractor.
DID YOU KNOW?
The CO must not use the Buy American statute evaluation factors prescribed in Subpart 500 to provide a preference for one foreign offer over another foreign offer. FAR 25.501(d).
DID YOU KNOW?
The prime is permitted to rely on the subcontractor’s representations and certifications that the products supplied comply with the country-of-origin restrictions.