The “Buy America Act Certification” document is a critical component for federal, state, and local RFPs, ensuring compliance with domestic sourcing requirements. Bidders must certify whether their end products qualify as U.S. domestic commercial products. If not, they must detail excluded products per FAR Part 25.104 and certify that other components are domestic, disclosing any foreign content by percentage and country of origin. This certification, signed by the offeror, integrates these representations into their quotation, underscoring a commitment to the Buy American Act and transparent supply chain practices in government procurement.
The document outlines the general terms and conditions for fixed-price commercial supplies and services, effective August 2023, for subcontracts with the Board of Trustees of the Leland Stanford Jr. University (Buyer) acting through SLAC National Accelerator Laboratory. It defines key terms like Buyer, Seller, Commercial Product/Service, and Procurement Specialist. The scope is limited to fixed-price commercial acquisitions, with a clear order of precedence for subcontract documents. Key provisions cover seller acceptance, service quality and coordination, key personnel responsibilities, title and risk transfer, packaging instructions, and approval of technical data. Detailed clauses address invoicing, payments, taxes, inspection, acceptance, quality of items (including counterfeit parts), warranties, limitation of liability, indemnity, confidentiality, and material breach. The document also includes stipulations on assignment, independent contractor status, permits, applicable laws, dispute resolution, export control, and excusable delays. Additionally, it incorporates various Federal Acquisition Regulation (FAR) and Department of Energy Acquisition Regulation (DEAR) clauses by reference, with applicability thresholds based on subcontract value and specific conditions.