Hello and thank you for joining us for Episode 14 of Fun with the FAR Season 11!
Our next session will cover FAR Part 25 (Foreign Acquisition)! As we prepare for our 15th episode of Season 11, here are a few Episode 15 FAR Facts for us to think about:
- Under the Buy American Act, a foreign end product may be purchased if the contracting officer determines that the price of the lowest domestic offer is unreasonable or if another exception applies. FAR 25.001(a)(1).
- The test to determine the “country of origin” for an end product under the Buy American Act is different from the test to determine country of origin for an end product under the trade agreements. It is also different from the criteria for the representation on end products manufactured outside the U.S. FAR 25.001(c).
- Under the trade agreements, the test to determine country of origin is “substantial transformation” (e., transforming an article into a new and different article of commerce, with a name, character, or use distinct from the original article). FAR 25.001(c)(2).
- In accordance with the Trade Agreements Act, the President has waived the Buy American statute and other discriminatory provisions for eligible products from countries that have signed an international trade agreement with the U.S. or are a least developed country. FAR 25.402.
- 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).
- Unless otherwise expressly permitted by the Office of Foreign Assets Control (OFAC), most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea into the United States or its outlying areas. FAR 25.701.
