we are interested in providing our products to DOD subcontractors and potentially DOD repair and maintenance depots strictly for testing of equipment and systems and not to be used designed into the end product.
Question: within this initiative is there a buy American requirement that could prohibit the use of our products for DOD contracts at the subcontractor level?
The Buy American statute does not flow down to subcontractors as does the Berry Amendment. Thus, I don't know of any prohibition against the use of your products if they are provided to DoD subcontractors who are performing repair and maintenance services to DoD.
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If you are interested in selling directly to DoD, then FAR 25.101(a)(1) requires the item to be manufactured in the United States. Only the second part of the two-part test (FAR 25.101(a)(2)) pertaining to 50% of the cost of components applies to commercial off-the-shelf (COTS) items, so this would not provide a waiver for COTS items that are manufactured overseas. I don't know of any other exceptions that apply in this case.