Federal regulations · Through 2026-08-25 · Newer source version available

48 CFR 25.402: 25.402 General.

(a)(1) The Trade Agreements Act (19 U.S.C. 2501, et seq.) provides the authority for the President to waive the Buy American statute and other discriminatory provisions for eligible products from countries that have signed an international trade agreement with the United States, or that meet certain other criteria, such as being a least developed country. The President has delegated this waiver authority to the U.S. Trade Representative. In acquisitions covered by the WTO GPA, Free Trade Agreements, or the Israeli Trade Act, the U.S. Trade Representativehas waived the Buy American statute and other discriminatory provisions for eligible products. Offers of eligible products receive equal consideration with domestic offers.
(2) The contracting officer shall determine the origin of services by the country in which the firm providing the services is established. See Subpart 25.5 for evaluation procedures for supply contracts covered by trade agreements.
(b) The value of the acquisition is a determining factor in the applicability of trade agreements. Most of these dollar thresholds are subject to revision by the U.S. Trade Representative approximately every 2 years. The various thresholds are summarized as follows:
Table 1—to Paragraph (b)
Trade agreement Supply contract (equal to or exceeding) Service contract (equal to or exceeding) Construction contract (equal to or exceeding)
WTO GPA $174,000 $174,000 $6,683,000
FTAs:
Australia FTA 105,767 105,767 6,683,000
Bahrain FTA 174,000 174,000 13,749,689
CAFTA-DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) 105,767 105,767 6,683,000
Chile FTA 105,767 105,767 6,683,000
Colombia FTA 105,767 105,767 6,683,000
Korea FTA 100,000 100,000 6,683,000
Morocco FTA 174,000 174,000 6,683,000
USMCA:
—Mexico 105,767 105,767 13,749,689
Oman FTA 174,000 174,000 13,749,689
Panama FTA 174,000 174,000 6,683,000
Peru FTA 174,000 174,000 6,683,000
Singapore FTA 105,767 105,767 6,683,000
Israeli Trade Act 50,000

Where this section sits in the code

Title 48—Federal Acquisition Regulations System
CHAPTER 1—FEDERAL ACQUISITION REGULATION
SUBCHAPTER D—SOCIOECONOMIC PROGRAMS
PART 25—FOREIGN ACQUISITION
Subpart 25.4—Trade Agreements

(2) The contracting officer shall determine the origin of services by the country in which the firm providing the services is established. See Subpart 25.5 for evaluation procedures for supply contracts covered by trade agreements.

(b) The value of the acquisition is a determining factor in the applicability of trade agreements. Most of these dollar thresholds are subject to revision by the U.S. Trade Representative approximately every 2 years. The various thresholds are summarized as follows:

Table 1—to Paragraph (b)

Trade agreement Supply contract (equal to or exceeding) Service contract (equal to or exceeding) Construction contract (equal to or exceeding)

WTO GPA $174,000 $174,000 $6,683,000

FTAs:

Australia FTA 105,767 105,767 6,683,000

Bahrain FTA 174,000 174,000 13,749,689

CAFTA-DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) 105,767 105,767 6,683,000

Chile FTA 105,767 105,767 6,683,000

Colombia FTA 105,767 105,767 6,683,000

Korea FTA 100,000 100,000 6,683,000

Morocco FTA 174,000 174,000 6,683,000

USMCA:

—Mexico 105,767 105,767 13,749,689

Oman FTA 174,000 174,000 13,749,689

Panama FTA 174,000 174,000 6,683,000

Peru FTA 174,000 174,000 6,683,000

Singapore FTA 105,767 105,767 6,683,000

Israeli Trade Act 50,000

Collected 2026-08-27T02:26:29Z. Source file · JSON

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