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    If the Government were to purchase a commercial aircraft which meets all requirements to be considered commercial, would FAR Part 48 requirements for specialty metals, buy american, and approved foreign sources be applicable? 48 C.F.R 252.225-7001 Buy American Act and Balance of Payment Program 48 C.F.R 252.225-7002 Qualifying Countries Sources as Subcontractors 48 C.F.R 225.872-1 Contracting with Qualifying Country Sources 48 C.F.R 252.225-7014 Preference for Domestic Specialty Metals


    Answer

    The restrictions of the Buy American Act and Balance of Payments program do apply to procurement of commercial aircraft.  DFARS 225.7003-2 implements the Specialty Metals restrictions at 10 U.S.C. 2533b.  To the extent that the exceptions at DFARS 225.7003-3 apply,  the Department is to not acquire aircraft or any components of aircraft, unless any specialty metals contained in the items or components are melted or produced in the United States (also see guidance at PGI 225.7003-2(a)). Use the provision at 252.225-7010, Commercial Derivative Military Article—Specialty Metals Compliance Certificate, in solicitations— That contain the clause at 252.225-7009; and For which the contracting officer anticipates that one or more offers of commercial derivative military articles may be received.

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