Notice2026-03509
Submission for OMB Review; Buy American, Trade Agreements, and Duty-Free Entry
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2026
Issuing agencies
Management and Budget OfficeFederal Procurement Policy OfficeDefense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to OMB a request to review and approve an extension of a previously approved information collection requirement regarding Buy American, trade agreements, and duty-free entry.
Full Text
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<title>Federal Register, Volume 91 Issue 35 (Monday, February 23, 2026)</title>
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[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Notices]
[Pages 8479-8480]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03509]
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OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0024; Docket No. 2025-0054; Sequence No. 1]
Submission for OMB Review; Buy American, Trade Agreements, and
Duty-Free Entry
AGENCY: Office of Federal Procurement Policy (OFPP), Office of
Management and Budget (OMB); Department of Defense (DOD); General
Services Administration (GSA); and National Aeronautics and Space
Administration (NASA).
ACTION: Notice.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division has submitted to OMB a request to
review and approve an extension of a previously approved information
collection requirement regarding Buy American, trade agreements, and
duty-free entry.
DATES: Submit comments on or before March 25, 2026.
ADDRESSES: Written comments and recommendations for this information
collection should be sent within 30 days of publication of this notice
to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#7731362527181b1e140e3710041659101801"><span class="__cf_email__" data-cfemail="8bcdcad9dbe4e7e2e8f2cbecf8eaa5ece4fd">[email protected]</span></a> or call 202-969-
4075.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0024, Buy American, Trade Agreements, and Duty-Free Entry.
B. Need and Uses
This clearance covers the information that an offeror must submit
in response to the requirements of the provisions and clauses in the
Federal Acquisition Regulation (FAR) part 25, as codified in Chapter 1
of Title 48 of the Code of Federal Regulations, that relates to the
following:
[[Page 8480]]
* The Buy American statute (41 U.S.C. chapter 83) and Executive
Orders 10582 and 14005.
* The Trade Agreements Act (19 U.S.C. 2501-2515), including the
World Trade Organization Government Procurement Agreement and various
free trade agreements.
* The American Recovery and Reinvestment Act of 2009 (Pub. L. 111-
5) (Recovery Act).
* Subchapters VIII and X of Chapter 98 of the Harmonized Tariff
Schedule of the United States (19 U.S.C. 1202).
FAR 52.225-2, Buy American Certificate. This provision requires the
offeror to identify in its proposal supplies that do not meet the
definition of domestic end product and whether those supplies exceed
55% domestic content. This provision also requires offerors to identify
in its proposal domestic end products that contain a critical
component.
FAR 52.225-4, Buy American--Free Trade Agreements--Israeli Trade
Act Certificate. This provision requires a separate list of foreign
products that are eligible under a trade agreement, and a list of all
other foreign end products and whether those supplies exceed 55%
domestic content. This provision also requires offerors to identify in
its proposal domestic end products that contain a critical component.
FAR 52.225-6, Trade Agreements Certificate. This provision requires
the offeror to certify that all end products are either U.S.-made or
designated country end products, except as listed in paragraph (b) of
the provision. Offerors are not allowed to provide other than a U.S.-
made or designated country end product, unless the requirement is
waived.
FAR 52.225-8, Duty-Free Entry. This clause requires contractors to
notify the contracting officer when they purchase foreign supplies, in
order to determine whether the supplies should be duty-free. The notice
shall identify the foreign supplies, estimate the amount of duty, and
the country of origin. The contractor is not required to identify
foreign supplies that are identical in nature to items purchased by the
contractor or any subcontractor in connection with its commercial
business, and segregation of these supplies to ensure use only on
Government contracts containing duty-free entry provisions is not
economical or feasible. In addition, all shipping documents and
containers must specify certain information to assure the duty-free
entry of the supplies.
Construction provisions and clauses:
<bullet> FAR 52.225-9, Buy American--Construction Materials
<bullet> FAR 52.225-10, Notice of Buy American Requirement--
Construction Materials
<bullet> FAR 52.225-11, Buy American-Construction Materials Under Trade
Agreements
<bullet> FAR 52.225-12, Notice of Buy American Requirement--
Construction Materials under Trade Agreements
<bullet> FAR 52.225-21, Required Use of American Iron, Steel, and
Manufactured Goods--Buy American Statute--Construction Materials
<bullet> FAR 52.225-23, Required Use of American Iron, Steel, and
Manufactured Goods--Buy American Statute--
Construction Materials Under Trade Agreements
The listed provisions and clauses provide that an offeror or
contractor requesting to use foreign construction material due to
unreasonable cost of domestic construction material shall provide
adequate information to permit evaluation of the request.
For supplies acquisitions, the contracting officer uses some of the
information to identify the offered items that comply with the
requirements of the Buy American statute and trade agreements and
whether the supplies should be granted duty-free entry. For
construction acquisitions, the contracting officer uses the information
to evaluate requests for a determination of inapplicability of the Buy
American statute.
C. Annual Burden
Respondents: 9,279.
Total Annual Responses: 34,535.
Total Burden Hours: 29,138.
D. Public Comment
A 60-day notice was published in the Federal Register at 90 FR
57468, on December 11, 2025. Comments were received from three
respondents; however, they did not change the estimate of the burden.
Summary of comments: The respondents generally support the
extension. A respondent noted that blank certifications in FAR 52.225-
2, 52.225-4, and 52.225-6 are often misconstrued as full compliance,
risking violations of domestic preference policies, trade obligations,
and acquisition integrity due to absent origin/content details. The
respondent recommended replacing blank submissions with a ``No
Exceptions'' checkbox, requiring offerors to certify 100% U.S.-made or
designated country end products.
Other respondents noted the administrative burden of compliance is
underestimated and it disproportionately impacts smaller businesses.
These respondents expressed concern over the complexity of the
policies, which increase costs and the risk of non-compliance. These
respondents recommended the following:
<bullet> Update burden estimates to reflect new thresholds, multi-
tier supply chain documentation, proportionality for small businesses,
and costly internal legal or compliance review needed to manage risk,
recognizing the cumulative paperwork impact.
<bullet> Improve processes by eliminating duplicative clauses and
overlapping disclosure requirements, providing clearer and more
consistent definitions, and reforming class waivers just to name a few.
<bullet> Adopt standardized governmentwide Buy American
certifications and tools, and implement tiered, risk-based reporting
thresholds to replace the one-size-fits-all approach.
Response: The FAR Council acknowledges the comments received.
Regarding the comments addressing burden, the respondents did not
identify the alleged duplicative clauses or overlapping disclosure
requirements. While the Government lacks a system to determine the
actual number of instances when each information collection is
submitted or used, the PRA impact, including the effect on small
businesses, is thoroughly addressed during rulemaking processes when
collections are established or revised. Regarding the comments
addressing the merits of the clauses, those issues are beyond the scope
of the information collection requirements, but respondents will have
the opportunity to provide feedback when proposed changes to FAR Part
25 are published for comment as part of FAR Case 2026-004,
Revolutionary Federal Acquisition Regulation Overhaul parts 19, 22, 23,
and 25.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#50170311023537033533103723317e373f26"><span class="__cf_email__" data-cfemail="73342032211614201610331400125d141c05">[email protected]</span></a>. Please cite OMB
Control No. 9000-0024, Buy American, Trade Agreements, and Duty-Free
Entry.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2026-03509 Filed 2-20-26; 8:45 am]
BILLING CODE 6820-EP-P
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