Low RiskDFARSExport Control

252.225-7035Buy American—Free Trade Agreements—Balance of Payments Program Certificate.

Researched by the BidStride Research Team

What This Clause Requires

DFARS 252.225-7035 — Buy American—Free Trade Agreements—Balance of Payments Program Certificate.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

Official Regulation Text

252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate. Basic. As prescribed in 225.1101(9) and (9)(i), use the following provision: Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Basic (FEB 2024) (a) Definitions. “Bahraini end product,” “commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the “252.225-7036, Buy American”—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation. (b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, the Offeror certifies that— (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and (iii) Components of unknown origin are considered to have been mined, produced, or manufactured

Source: eCFR, 48 CFR 252.225-7035 (https://www.ecfr.gov/current/title-48/section-252.225-7035)

Compliance Checklist

  • (2) The Offeror shall identify all end products that are not domestic end products.
  • For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items.
  • Country of origin (if known) Exceeds 55% domestic content (yes/no) (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).
  • For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items that are mined, produced, or manufactured in the United States.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

BidStride automatically scans your RFPs for 252.225-7035

Stop hunting through solicitations manually. BidStride identifies every FAR and DFARS clause in your RFP, flags risk level, and surfaces compliance requirements before you submit your bid.

This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.