I am employed by a prime contractor supporting DOE. I have a question about clause FAR 52.225-1, “Buy American-Supplies.” Here is the definition of an end product:
“End product means those articles, materials, and supplies to be acquired under the contract for public use.”
Does the phrase, “…acquired under the contract for public use…,” apply to just what’s delivered to the Government or does it apply to all material/supplies a contractor may acquire to perform under the contract even if they are not delivered to the Government?
Currently, the subcontractor is buying equipment and material to confirm that it has designed and can produce a new type of thermoelectric generator. In this phase, the deliverables are presentations and reports. In the next phase, the subcontractor will be issued a contract to produce the generators. I think the end product is the generator that will be produced in the next phase. If so, that means that the materials and supplies bought during this phase to develop and test the design are not end products, but I'm not sure.
Since this is a cost-type contract, I realize the Gov’t obtains title to the material and equipment.
A small portion of the cost is for raw material from a country friendly to the USA. Under this contract, it will be used to produce sample components for testing.