Class Deviation 2004-O0003
Exemption from Limitations on Procurement of Foreign Information Technology that is a Commercial Item

When using fiscal year 2004 funds to acquire information technology that is a commercial item, do not use any of the following Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses as prescribed at DFARS 225.1101(1), (2), (9), and (10) or the associated FAR clauses which they otherwise replace:

  • 252.225-7000, Buy American Act--Balance of Payments Program Certificate.
  • 252.225-7001, Buy American Act and Balance of Payments Program.
  • 252.225-7035, Buy American Act--Free Trade Agreements-Balance of Payments Program Certificate.
  • 252.225-7036, Buy American Act-Free Trade Agreements—Balance of Payments Program.

The Buy American Act does not apply to these acquisitions of foreign information technology because Section 535 of Division F of the Consolidated Appropriations Act, 2004 (Pub. L. 108-199) provides exemption (Atch 1). “Information technology” is defined at 40 U.S.C. 11101 (Atch 2).

When applicable, continue to use the Trade Agreements provision and clause at 252.225-7020 and 252.225-7021, as prescribed at 225.1101(5) and (6).

This class deviation is effective upon signature, and remains in effect until incorporated in the DFARS or until otherwise rescinded.

Effective Date: May 18, 2004 (18 years ago)
Expire Date: None Given
Incorporated: October 4, 2006 (16 years ago)
Official Documents: Memo
Official Attachments: 1 2
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