Part52

DFARS 252.225-7020 - 252.225-7020 Trade Agreements Certificate.

Current Status

DEVIATION ACTIVE

WARNING: This clause is affected by 1 active class deviation. Use the deviation text, NOT the standard clause text from the eCFR.
Last Checked2026-03-11 20:04 UTC
Authoritative Sourcehttps://www.ecfr.gov/current/title-48/section-252.225-7020

Active Class Deviations

2017-O0009 - Class Deviation 2017-O0009 Products and Services from the African Host Nation-Djibouti

Effective: None
Effect: MODIFY

Modify clause 252.225-7020

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Standard Clause Text (eCFR)

252.225-7020 Trade Agreements Certificate.
Basic.
As prescribed in 225.1101(5) and (5)(i), use the following provision:
Trade Agreements Certificate—Basic (NOV 2014)
(a) Definitions. Designated country end product, nondesignated country end product, qualifying country end product,
and
U.S.-made end product, as used in this provision have the meanings given in the Trade Agreements—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) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless— (i) There are no offers of such end products; (ii) The offers of such end products are insufficient to fulfill the Government's requirements; or (iii) A national interest waiver has been granted. (c) Certification and identification of country of origin. (1) For all line items subject to the Trade Agreements—Basic of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product. (2) The following supplies are other nondesignated country end products: ( Line Item Number ) ( Country of Origin ) (End of provision) Alternate I. As prescribed in 225.1101(5) and (5)(ii), use the following provision, which uses different paragraphs (a), (b)(2), and (c) than the basic provision: Trade Agreements Certificate—Alternate I (NOV 2014) (a) Definitions. Designated country end product, nondesignated country end product, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and U.S.-made end product, as used in this provision, have the meanings given in the Trade Agreements—Alternate I 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) Will consider only offers of end products that are U.S.-made, qualifying country, SC/CASA state, or designated country end products unless— (i) There are no offers of such end products; (ii) The offers of such end products are insufficient to fulfill the Government's requirements; or (iii) A national interest waiver has been granted. (c) Certification and identification of country of origin. (1) For all line items subject to the Trade Agreement—Alternate I clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2)(ii) of this provision, is a U.S.-made, qualifying country, SC/CASA state, or designated country end product. (2)(i) The following supplies are SC/CASA state end products: (Line Item Number) (Country of Origin) (ii) The following are other nondesignated country end products: (Line Item Number) (Country of Origin) (End of provision) [70 FR 2363, Jan. 13, 2005, as amended at 75 FR 81919, Dec. 29, 2010; 79 FR 65820, Nov. 5, 2014; 80 FR 36899, June 26, 2015]

As Modified by Deviation

252.225-7020, Trade Agreements Certificate.
(ii) 252.225-7021, Trade Agreements. * * * * * Page 7 of 10 Attachment 1 DARS Tracking Number 2017-O0009 Products and Services from the African Host Nation–Djibouti PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES * * * * * 252.225-7985 Preference for Products or Services from the African Host Nation–Djibouti. (DEVIATION 2017-O0009)
As prescribed in 225.7798-6(a), use the following provision:
PREFERENCE FOR PRODUCTS OR SERVICES FROM THE AFRICAN HOST NATION–DJIBOUTI (SEP 2017) (DEVIATION 2017-O0009) (a) Definitions. “African host nation” and “products or services from the African host nation—Djibouti,” as used in this provision, are defined in the clause of this solicitation entitled “Requirement for Products or Services from the African Host Nation—Djibouti” (252.225-7986) (DEVIATION 2017-O0009). (b) Representation. By submission of its offer, the Offeror represents that all products or services to be delivered under a contract resulting from this solicitation are products or services from the African host nation—Djibouti, unless, in its offer, the Offeror specifies that it will provide products or services other than products or services from the African host nation—Djibouti. (c) Other products or services. Offerors that include products or services in their offer that are not products or services from the African host nation—Djibouti shall identify in the offer the solicitation line item number and the country of origin for the product or service that is not a product or service from the African host nation— Djibouti, unless the product is listed in paragraph (c)(2) of the provision entitled “Trade Agreements Certificate,” if included in this solicitation. (d) Evaluation. For the purpose of evaluating competitive offers, the Contracting Officer will increase by [Contracting Officer to specify percent in accordance with the USAFRICOM Commander’s policy and contracting activity procedures_______] percent the prices of offers of products or services that are not products or services from the African host nation—Djibouti. (End of provision) Page 8 of 10 Attachment 1 DARS Tracking Number 2017-O0009 Products and Services from the African Host Nation–Djibouti 252.225-7986 Requirement for Products or Services from the African Host Nation–Djibouti. (DEVIATION 2017-O0009) As prescribed in 225.7798-6(b), use the following clause: REQUIREMENT FOR PRODUCTS OR SERVICES FROM THE AFRICAN HOST NATION–DJIBOUTI (SEP 2017) (DEVIATION 2017-O0009)
(a) Definitions. As used in this clause– “African host nation’’ means the African nation in which there is a requirement for supplies or services in support of DoD activities in a covered African country, and which allows the Armed Forces and supplies of the United States to be located on, to operate in, or to be transported through its territory. “Covered African country’’ means a country in Africa that has signed a long-term agreement with the United States related to the basing or operational needs of the United States Armed Forces. Djibouti is a covered African country. ‘‘Product or service from the African host nation—Djibouti’’ means– (1) A product from Djibouti that is wholly grown, mined, manufactured, or produced in Djibouti; or (2) A service, including construction, from Djibouti that is performed by a person or entity that— (i) Is properly licensed or registered by appropriate authorities of Djibouti;
and
(ii) As determined by the Chief of Mission concerned— (A) Is operating primarily in Djibouti; or (B) Is making a significant contribution to the economy of Djibouti through payment of taxes or use of products, materials, or labor that are primarily grown, mined, manufactured, produced, or sourced from Djibouti. (b)(1) The Contractor shall provide only products or services from the African host nation—Djibouti, unless, in its offer, it specified that it would provide products or services other than products or services from the African host nation—Djibouti. (2) For construction contracts, the Contractor is encouraged, but not required, to use construction material from the African host nation—Djibouti). (End of clause) Page 9 of 10 Attachment 1 DARS Tracking Number 2017-O0009 Products and Services from the African Host Nation–Djibouti 252.225-7977 Acquisition Restricted to Products or Services from the African Host Nation–Djibouti. (DEVIATION 2017-O0009) As prescribed in 225.7798-6(c), use the following clause: ACQUISITION RESTRICTED TO PRODUCTS OR SERVICES FROM THE AFRICAN HOST NATION–DJIBOUTI (SEP 2017) (DEVIATION 2017-O0009) (a) Definition. As used in this clause— “African host nation’’ means the African nation in which there is a requirement for supplies or services in support of DoD activities in a covered African country, and which allows the Armed Forces and supplies of the United States to be located on, to operate in, or to be transported through its territory. ‘‘Product or service from the African host nation—Djibo...

Full Current Text

Show full clause text 
252.225-7020 Trade Agreements Certificate.

Basic.
As prescribed in 225.1101(5) and (5)(i), use the following provision:

Trade Agreements Certificate—Basic (NOV 2014)

(a)
Definitions. Designated country end product, nondesignated country end product,

qualifying country end product,
and
U.S.-made end product,
as used in this provision have the meanings given in the Trade Agreements—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) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless—

(i) There are no offers of such end products;

(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or

(iii) A national interest waiver has been granted.

(c)
Certification and identification of country of origin.
(1) For all line items subject to the Trade Agreements—Basic of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.

(2) The following supplies are other nondesignated country end products:

(
Line Item Number
) (
Country of Origin
)

(End of provision)

Alternate I.
As prescribed in 225.1101(5) and (5)(ii), use the following provision, which uses different paragraphs (a), (b)(2), and (c) than the basic provision:

Trade Agreements Certificate—Alternate I (NOV 2014)

(a)
Definitions. Designated country end product, nondesignated country end product, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product,
and
U.S.-made end product,
as used in this provision, have the meanings given in the Trade Agreements—Alternate I 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) Will consider only offers of end products that are U.S.-made, qualifying country, SC/CASA state, or designated country end products unless—

(i) There are no offers of such end products;

(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or

(iii) A national interest waiver has been granted.

(c)
Certification and identification of country of origin.

(1) For all line items subject to the Trade Agreement—Alternate I clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2)(ii) of this provision, is a U.S.-made, qualifying country, SC/CASA state, or designated country end product.

(2)(i) The following supplies are SC/CASA state end products:

(Line Item Number)

(Country of Origin)

(ii) The following are other nondesignated country end products:

(Line Item Number)

(Country of Origin)

(End of provision)

[70 FR 2363, Jan. 13, 2005, as amended at 75 FR 81919, Dec. 29, 2010; 79 FR 65820, Nov. 5, 2014; 80 FR 36899, June 26, 2015]