DFARS 225.7017-3 — Exceptions
Regulatory text. Not legal advice.
DoD requires the contractor to utilize domestic photovoltaic devices in covered contracts that exceed the simplified acquisition threshold, with the following exceptions:
(a)
(a) Qualifying country. Qualifying country photovoltaic devices may be utilized in any covered contract, because [DFARS 225.103](i)(A) provides an exception to the Buy American statute for products of qualifying countries, as defined in DFARS 225.003.
(b)
(b) Buy American—unreasonable cost. For a covered contract that utilizes photovoltaic devices valued at less than $174,000, the exception for unreasonable cost may apply (see [FAR 25.103]). If the cost of a foreign photovoltaic device plus 50 percent is less than the cost of a domestic photovoltaic device, then the foreign photovoltaic device may be utilized.
(c)
(c) Trade agreements—(1) Free Trade Agreements. For a covered contract that utilizes photovoltaic devices , photovoltaic devices may be utilized from a country covered under the acquisition by a Free Trade Agreement, depending upon dollar threshold (see FAR Subpart 25.4).
(2) World Trade Organization—Government Procurement Agreement. For covered contracts that utilize photovoltaic devices that are valued at $174,000 or more, only U.S.-made photovoltaic devices, designated country photovoltaic devices, or qualifying country photovoltaic devices may be utilized.
Citation history: [83 FR 62500, Dec. 4, 2018, as amended at 84 FR 72247, Dec. 31, 2019; 86 FR 74377, Dec. 30, 2021; 89 FR 20873, Mar. 26, 2024]
Source: eCFR • Pulled 2026-04-16