Attachment III - Buy American Act Certification.docx

Buy American Act Compliance Certification

Purpose This certification is required when FAR 52.225-2, Buy American Certificate, is included in the solicitation in accordance with FAR 25.1101 and FAR Subpart 25.1. The offeror shall complete and submit the certification with its quotation.

The Buy American statute, 41 U.S.C. chapter 83, restricts the Government’s purchase of supplies that are not domestic end products for public use within the United States, unless an applicable exception or other authorized treatment permits the acquisition of a foreign end product.

By completing this certification, the offeror certifies that each end product offered, except those identified as foreign end products in the certification, is a domestic end product as defined in the Buy American—Supplies clause and FAR 25.003. The offeror shall identify each foreign end product, its country of origin, and any other information required by FAR 52.225-2.

Identification of a foreign end product does not, by itself, constitute certification that an exception applies. The Contracting Officer will determine whether the foreign end product may be acquired under FAR Subpart 25.1 or other applicable authority.

Section 1 — Offeror Information

Company Name

Unique Entity Identifier (UEI)

Point of Contact Name

Title

Phone Number

Email Address

Date of Certification

Section 2 — End Product Information The offeror shall identify each product being offered and its country of origin. For each product, the offeror shall indicate whether it qualifies as a domestic end product under the Buy American Act.

(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as 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 for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3) The Offeror shall separately list the line-item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b) Foreign End Products:

☐ Yes ☐ No

☐ Yes ☐ No

☐ Yes ☐ No

☐ Yes ☐ No

☐ Yes ☐ No

☐ Yes ☐ No

☐ Yes ☐ No

☐ Yes ☐ No

☐ Yes ☐ No

Section 3 — Certification Statement In accordance with the Buy American Certificate provision at FAR 52.225-2 and the definitions in the Buy American—Supplies clause at FAR 52.225-1, the offeror certifies that each end product, except those identified as foreign end products in this certification, is a domestic end product.

For a manufactured end product that does not consist wholly or predominantly of iron or steel, a domestic end product generally means an end product that:

· Is manufactured in the United States; and

· For items delivered during calendar years 2024 through 2028, has components mined, produced, or manufactured in the United States whose cost exceeds 65 percent of the cost of all components. The threshold increases to 75 percent for items delivered beginning in calendar year 2029, unless an authorized alternate domestic-content test applies to the contract.

For an end product consisting wholly or predominantly of iron or steel, the end product must be manufactured in the United States, and the cost of foreign iron and steel must constitute less than 5 percent of the cost of all components, subject to the applicable treatment of COTS fasteners.

The offeror shall separately identify foreign end products and domestic end products containing critical components as required by FAR 52.225-2.

(a) The following end products are NOT U.S.-made end products (if none, write "NONE"):

(b) The offeror understands that:

· When the Buy American statute applies, a foreign end product may be acquired only when an applicable exception or evaluation procedure permits its acquisition, including the exceptions described in FAR 25.103.

· A knowingly false, fictitious, or fraudulent certification or representation may subject the offeror and responsible individuals to civil, administrative, or criminal penalties under applicable Federal law, including 18 U.S.C. § 1001.

· The Government reserves the right to verify the domestic origin and component content of any end product offered under this solicitation.

Section 4 — Buy American Act Exceptions Reference For reference, the restrictions of the Buy American statute may not apply, or the Contracting Officer may acquire a foreign end product, under the exceptions identified in FAR 25.103, including the following:

Public Interest: The head of the agency determines that application of the domestic preference would be inconsistent with the public interest.

Nonavailability: Articles, materials, or supplies of the class or kind being acquired are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

Unreasonable Cost: The Contracting Officer determines, in accordance with FAR 25.106 and the applicable evaluation procedures, that the cost of a domestic end product would be unreasonable.

Resale: The foreign end product is purchased specifically for commissary resale.

Commercial Information Technology: The restriction on purchasing foreign end products does not apply to information technology that is a commercial product when acquired using covered fiscal-year funds.

Section 5 — Signature Block By signing below, the offeror certifies that the information provided in this certification is accurate, complete, and made in good faith in accordance with FAR 52.225-2.

Authorized Signature: _____________________________________________ Printed Name: _____________________________________________________ Title: _____________________________________________________________ Company Name: ___________________________________________________ Date: _____________________________________________________________

Section 6 — Submission Instructions The completed and signed Attachment VII shall be:

· Submitted electronically as part of the offeror's quotation package to: Michele.Jackson@fda.hhs.gov

· Submitted no later than: July 8, 2026, at 10:00 AM Eastern Time

· Included in the quotation email with the subject line: RFQ1811325 – Buy American Act Certification

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