Class Deviation 2005-O0004
Exemption from Limitations on Procurement of Foreign Information Technology that is a Commercial Item, FY 2005

When using fiscal year 2005 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 225.1 10 1 (I), (2), (9), and (1 0) 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 5 17 of Division H Title I1 of the Consolidated Appropriations Act, 2005 (Pub. L. 108-447) provides exemption (Atch 1).

When applicable, continue to use the Trade Agreements provision and clause at 252.225-7020 and 252.225-7021, as prescribed at 225.1 101(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class deviation is effective upon signature, and remains in effect until incorporated in the DFARS or until otherwise rescinded.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: July 6, 2005 (17 years ago)
Expire Date: None Given
Incorporated: October 4, 2006 (16 years ago)
Official Documents: Memo
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