C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER H—CLAUSES AND FORMS › PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES › Subpart 52.2—Text of Provisions and Clauses

48 C.F.R. § 52.225-6

52.225-6 Trade Agreements Certificate.

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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) [64 FR 72436, Dec. 27, 1999, as amended at 67 FR 21537, Apr. 30, 2002; 69 FR 1056, Jan. 7, 2004; 69 FR 77877, Dec. 28, 2004; 79 FR 24221, Apr. 29, 2014; 86 FR 3689, Jan. 14, 2021]
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2014–2022 · leading case: ['United States of Am. v. Capitol Supply Inc'], 27 F. Supp. 3d 91 (D.D.C. 2014).
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['United States of Am. v. Capitol Supply Inc'], 27 F. Supp. 3d 91 (D.D.C. 2014). “¶ 8a & b; see also 48 C.F.R. § 52.225-6 (a) (“The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.”
MacDowell v. Synnex Corp. (N.D. Cal. 2021). “’” 48 C.F.R. § 52.225-6 (a). Under subsection (b), the contractor must also list with particularity all of those end products 19 that are not U.”
Medina v. Howmedica Osteonics Corp. (D.N.J. 2022). “FAC ¶¶ 27, 29; see also 48 C.F.R. § 52.225-6 (generally requiring an offeror to certify that each end product is “U.”
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