GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM)

## Part 525—Foreign Acquisition

### Subpart 525.1—Buy American Act—Supplies

#### 525.103 Exceptions

(a) The HCA is authorized to make the determination required by FAR 25.103(a). The HCA may not redelegate this authority.

(b) For the determination under FAR 25.103(b)(2)(i):

If the estimated value of the supplies… | Then…
--- | ---
(1) Exceeds $100,000. | Only the HCA may make the determination. The HCA may not redelegate this authority.
(2) Does not exceed $100,000. | The HCA may redelegate authority to make the determination.

### Subpart 525.2—Buy American Act—Construction Materials

#### 525.202 Exceptions.

(a) The HCA is authorized to make the determination required by FAR 25.202(a)(1). The HCA may not redelegate this authority.

(b) For the determination under FAR 25.202(a)(2):

If the estimated cost of materials… | Then…
--- | ---
(1) Exceeds $100,000. | Only the HCA may make the determination. The HCA may not redelegate this authority.
(2) Does not exceed $100,000. | The HCA may redelegate authority to make the determination.

### Subpart 525.3—Balance of Payments Program #### 525.302 Policy. #### 525.302-70 Procurements for agencies under the Foreign Assistance Act. GSA procurements made directly for other agencies of items to be used outside the United States are made under the Balance of Payments Program. The only exception is if GSA contracts as the agent for an agency governed by the Foreign Assistance Act (22 U.S.C. 2151 et seq.). If this exception applies, the contract will be governed by the policies and procedures of the agency instead of FAR 25.3 and 525.3. For example, GSA sometimes acts as agent for the Agency for International Development and the Bureau of International Narcotics Matters.

### Subpart 525.5—Evaluating Foreign Offers—Supply Contracts #### 525.570 Procurement of hand or measuring tools or stainless steel flatware for DoD. (a) “Stainless steel flatware” means special order and stock items of stainless steel flatware purchased for DoD, including, but not limited to, the following National Stock Numbers (NSN):

7340-00-060-6057 | 7340-00-241-8171
7340-00-205-3340 | 7340-00-559-8357
7340-00-205-3341 | 7340-00-688-1055
7340-00-241-8169 | 7340-00-721-6316
7340-00-241-8170 | 7340-00-721-6971

(b) Purchases of hand or measuring tools or stainless steel flatware exceeding the simplified acquisition threshold by DoD must be domestic end products. In the case of stainless steel flatware, the Secretary of the Department concerned can make an exception. The individual must determine that a satisfactory quality and sufficient quantity produced in the United States or its possessions are not available when needed at domestic market prices.
(c) If GSA solicitations of hand or measuring tools or stainless steel flatware include DoD requirements, GSA will apply the DoD restrictions. The bases for applying the DoD restriction to GSA acquisitions are: (1) DoD’s restrictions apply to requisitions of such items from the GSA stock program. (2) The impracticality of establishing a dual supply system to satisfy the requirements of civilian and military agencies. (3) GSA may reject any offer when it is considered necessary for reasons of national interest.

### Subpart 525.6—Trade Sanctions

#### 525.602 Exceptions.

Forward any determination under FAR 25.602(b)(1) to the Office of Acquisition Policy, GSA Acquisition Policy Division, for forwarding to the United States Trade Representative.

### Subpart 525.11—Solicitation Provisions and Contract Clauses #### 525.1101 Acquisition of Supplies. If you include DoD requirements for hand or measuring tools or stainless steel flatware in the solicitation for an acquisition estimated to exceed the simplified acquisition threshold, insert 552.225-70, Notice of Procurement Restriction—Hand or Measuring Tools or Stainless Steel Flatware, in the solicitation and resulting contract(s).