---
kind: "section"
citation: "48 C.F.R. § 225.403"
title: "48"
number: "225.403"
heading: "World Trade Organization Government Procurement Agreement and Free Trade Agreements."
url: "https://uscodex.org/cfr/48/225.403"
---

# §225.403. World Trade Organization Government Procurement Agreement and Free Trade Agreements.

- (c) For acquisitions of supplies covered by the World Trade Organization Government Procurement Agreement, acquire only U.S.-made, qualifying country, or designated country end products unless—
- (i) The contracting officer determines that offers of U.S.-made, qualifying country, or designated country end products from responsive, responsible offerors are either—
  - (A) Not received; or
  - (B) **Insufficient to fill the Government's requirements.** In this case, accept all responsive, responsible offers of U.S.-made, qualifying country, and eligible products before accepting any other offers;
- (ii) A national interest waiver under [19 U.S.C. 2512(b)(2)](/usc/19/2512.md?p=b-2) is granted on a case-by-case basis. Except as delegated in paragraphs (c)(i)(A) and (B) of this section, submit any request for a national interest waiver to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy in accordance with department or agency procedures. Include supporting rationale with the request.
  - (A) The head of the contracting activity may approve a national interest waiver for a purchase by an overseas purchasing activity, if the waiver is supported by a written statement from the requiring activity that the products being acquired are critical for the support of U.S. forces stationed abroad.
  - (B) The Commander or Director, Defense Energy Support Center, may approve national interest waivers for purchases of fuel for use by U.S. forces overseas; or
- (iii) The acquisition is in support of operations in Afghanistan (see 225.7704-1).

## Notes

### Amendments

[68 FR 15619, Mar. 31, 2003, as amended at 70 FR 2363, Jan. 13, 2005; 75 FR 81916, Dec. 29, 2010; 76 FR 76320, Dec. 7, 2011; 88 FR 73236, Oct. 25, 2023; 89 FR 60831, July 29, 2024]

### Source

Source: 65 FR 19852, Apr. 13, 2000, unless otherwise noted.

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36367, July 31, 1991, unless otherwise noted.

### Amendments

[68 FR 15619, Mar. 31, 2003, as amended at 70 FR 2363, Jan. 13, 2005; 75 FR 81916, Dec. 29, 2010; 76 FR 76320, Dec. 7, 2011; 88 FR 73236, Oct. 25, 2023; 89 FR 60831, July 29, 2024]