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class deviation is effective upon signature, and remains in effect until incorporated in the DFARS or until otherwise rescinded.