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class deviation is effective upon signature, and remains in effect until incorporated in the DFARS or until otherwise rescinded.