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part52.dev Federal Acquisition Clause Monitor
This PGI section supplements: DFARS 225.7502 · FAR 25.7502
The corresponding FAR Part 25 and DFARS Part 225 have been overhauled under the RFO. PGI replacement text is provided in the RFO deviation attachment. View FAR Part 25

Current Content

If the Balance of Payments Program applies, use the following procedures:

(1) Solicitation of offers. Identify, in the solicitation, supplies and construction material known in advance to be exempt from the Balance of Payments Program.

(2) Evaluation of offers.

(i) Supplies. Unless the entire acquisition is exempt from the Balance of Payments Program, evaluate offers for supplies that are subject to the Balance of Payments Program using the evaluation procedures in DFARS Subpart 225.5. However, treatment of duty may differ when delivery is overseas.

(A) Duty may not be applicable to nonqualifying country offers.

(B) The U.S. Government cannot guarantee the exemption of duty for components or end products imported into foreign countries.

(C) Foreign governments may impose duties. Evaluate offers including such duties as offered.

(ii) Construction. Because the contracting officer evaluates the estimated cost of foreign and domestic construction material in accordance with DFARS 225.7501(a)(7)(iv) before issuing the solicitation, no special procedures are required for evaluation of construction offers.

(3) Postaward. For construction contracts, the procedures at FAR 25.206, for noncompliance under the Buy American statute, also apply to noncompliance under the Balance of Payments Program.

Change History

Detected Type Summary
detected 2026-04-17 [PGI] PGI_MODIFIED PGI 225.7502 updated: 6 lines added, 1 lines removed
View diff
--- previous
+++ current
@@ -1 +1,6 @@
-If the Balance of Payments Program applies to the acquisition, follow the procedures at PGI 225.7502 .+If the Balance of Payments Program applies, use the following procedures:
+(1) Solicitation of offers. Identify, in the solicitation, supplies and construction material known in advance to be exempt from the Balance of Payments Program.
+(2) Evaluation of offers.
+(i) Supplies. Unless the entire acquisition is exempt from the Balance of Payments Program, evaluate offers for supplies that are subject to the Balance of Payments Program using the evaluation procedures in DFARS Subpart 225.5. However, treatment of duty may differ when delivery is overseas. (A) Duty may not be applicable to nonqualifying country offers. (B) The U.S. Government cannot guarantee the exemption of duty for components or end products imported into foreign countries. (C) Foreign governments may impose duties. Evaluate offers including such duties as offered.
+(ii) Construction. Because the contracting officer evaluates the estimated cost of foreign and domestic construction material in accordance with DFARS 225.7501(a)(7)(iv) before issuing the solicitation, no special procedures are required for evaluation of construction offers.
+(3) Postaward. For construction contracts, the procedures at FAR 25.206, for noncompliance under the Buy American statute, also apply to noncompliance under the Balance of Payments Program.
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