Archived Deviation
This deviation was archived on 2024-04-19.
The information below is preserved for reference.
Authority
United States Trade Representative (USTR) trade agreements threshold adjustment authority under the WTO Government Procurement Agreement and applicable free trade agreements
Summary
This deviation implements updated USTR trade agreements thresholds effective January 1, 2024, for calendar years 2024 and 2025. Contracting Officers must use the new threshold table in lieu of Federal Acquisition Regulation (FAR) 25.402(b) and deviation versions of Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7017 and 252.225-7018. The Korea FTA threshold of $100,000 is now the lowest applicable FTA threshold, requiring revised prescriptions for alternates I, III, IV and V of DFARS 252.225-7036.
Contracting Officer Actions
1
Use the threshold table in Attachment 1 in lieu of the table at FAR 25.402(b) effective January 1, 2024.
2
Use the deviation version of DFARS clause 252.225-7017, Photovoltaic Devices, in lieu of the standard DFARS clause.
3
Use the deviation version of DFARS provision 252.225-7018, Photovoltaic Devices Certificate, in lieu of the standard DFARS provision.
4
Use the alternate I clause at 252.225-7036 when the estimated value is less than $100,000, except for end products in support of operations in Afghanistan.
5
Use the alternate III clause at 252.225-7036 when the estimated value is less than $100,000 and the acquisition is of end products in support of operations in Afghanistan.
6
Use the alternate IV clause at 252.225-7036 when the estimated value equals or exceeds $100,000, except for end products in support of operations in Afghanistan.
7
Use the alternate V clause at 252.225-7036 when the estimated value equals or exceeds $100,000 and the acquisition is of end products in support of operations in Afghanistan.
Effective Date
All threshold changes apply to solicitations and contracts issued on or after January 1, 2024.
Duration
This deviation remains in effect until incorporated into the FAR and DFARS or otherwise rescinded.
Korea FTA Threshold
The Korea FTA threshold of $100,000 is unchanged. It is now the lowest USTR FTA threshold. COs should use this as the key breakpoint for 252.225-7036 alternate prescriptions.
Point of Contact
Direct questions to Mr. Greg Snyder at gregory.d.snyder.civ@mail.mil.
Affected Provisions and Clauses
View replacement text
full clause
[see memorandum]
View replacement text
full provision
[see memorandum]