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Class Deviation 2026-04 FSS Domestic End Product Certification
September 1, 2026
MEMORANDUM FOR GSA CONTRACTING ACTIVITIES AND FEDERAL SUPPLY SCHEDULE USERS
FROM AND DIGITALLY SIGNED BY: Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy
SUBJECT: Voluntary FSS Domestic End Product Certification on GSA Federal Supply Schedule
On this page:
1. Purpose.
This memorandum approves a class deviation to the General Services Administration Acquisition Regulation (GSAR) part 538 that creates a new clause (GSAR 552.238-130), which permits but does not require Federal Supply Schedule (FSS) offerors and contractors to certify if their products are “FSS domestic end products” as defined in the clause.
When foreign-made products are marketed or represented as American-made, U.S. manufacturers are placed at an unfair competitive disadvantage. American companies that invest in domestic facilities, employ American workers, maintain U.S. supply chains, and comply with domestic sourcing requirements should not be forced to compete against products that obtain a pricing or competitive advantage through inaccurate or misleading country-of-origin representations.
This deviation also implements Executive Order (E.O.) 14392, Ensuring Truthful Advertising of Products Claiming to be Made in America (March 13, 2026).
2. Background.
President Trump issued E.O. 14392 as part of his efforts to root out fraud, waste, and abuse in federal procurement, and to protect American consumers (including the Federal Government) against fraudulent American-origin claims.
This class deviation carries out that policy on the FSS. It creates a defined, voluntary representation for products that are manufactured in the United States and meet specified minimum amounts of American-made or American-sourced components. A contractor may only make the representation if the product meets the definition in GSAR 522.238-130.
FSS ordering procedures already require ordering contracting officers to consider reasonably available information about the product. A contractor representation that an item is an FSS domestic end product is reasonably available information.
This deviation does not waive or modify the Trade Agreements Act of 1979 (19 U.S.C. 2501, et. seq.) nor any applicable trade agreement to which the United States is a signatory.
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“FSS domestic end products” is a new term. It covers items which are both manufactured in the United States and also meet certain minimum amounts of American made or sourced components.
The deviation warns that offerors or contractors found to misrepresent a product’s FSS domestic end product status may be subject to contract remedies and potentially liability under the False Claims Act (31 U.S.C. 3729, et. seq.) or the Administrative False Claims Act (31 U.S.C. 3801, et. seq.).
Because this information is most useful if ordering activities can find and use it, FAS shall update customer training, GSA Advantage!, eBuy and related systems.
3. Applicability.
This class deviation applies to all orders and blanket purchase agreements placed under FSS contracting vehicles using the procedures at GSAR Part 538.
5. Authority.
This class deviation is issued under the authority of GSA Acquisition Handbook 401.2. This class deviation applies to the GSAR only.
6. Deviation.
See Attachment A for the GSAR deviated text.
7. Severability.
If any portion (e.g., section, clause, sentence) of the resultant deviation is held to be invalid or unenforceable facially, or as applied to any entity or circumstance, it shall be severable from the remainder of the deviation, and shall not affect the remainder thereof, or its application to entities not similarly situated or to other dissimilar circumstances. The various portions of the resultant deviation are independent and serve distinct purposes. Even if one aspect were rendered invalid, the other benefits of the deviation would still be applicable.
8. GSAR 552.238-130 Information Collection. The GSA is seeking clearance from OMB for information collections related to GSAR clause 552.238-130. The clearance will provide coverage for all agencies using the clause.
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The clause allows contractors and offerors to voluntarily certify that they offer products on their FSS contract that meet the definition of FSS Domestic End Product. Until clearance is received, contractors and offers may offer this certification, but you cannot rely on any certification or lack of certification. Once clearance is received, OGP will communicate to the workforce that you can begin to enforce full compliance with GSAR clause 552.238-130 requirements and rely on and utilize the information received.
9. Effective Date.
This deviation is effective immediately and remains in effect until rescinded or incorporated into the GSAR.
10. Point of Contact.
Try asking GSAi first (upload the deviation and ask your question). If you still need clarification, email the GSA Acquisition Policy Division at GSARPolicy@gsa.gov.
_________________________________________________________________________________________________________________________________
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[538.7106] - Federal Supply Schedule (FSS) FSS Domestic End Product Certification
Offerors and contractors on the Federal Supply Schedule contract vehicle are permitted but not required, to certify that listed products are FSS domestic end products as defi ned in the clause at 552.238-130.
[538.7107] - Contract clause.
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[538.7107-1] Contract clause for Federal Supply Schedule FSS domestic end product certification.
Insert the clause at [552.238-130], Federal Supply Schedule FSS Domestic End Product Certifi cate, in all solicitations and contracts for the Federal Supply Schedule, including those for commercial products and commercial services.
_________________________________________________________________________________________________________________________________
Subpart 552.2 - Text of Provisions and Clauses
[552.238-130] Federal Supply Schedule (FSS) Domestic End Product Certificate.
As prescribed in [538.7107-1], insert the following clause:
FEDERAL SUPPLY SCHEDULE (FSS) DOMESTIC END PRODUCT CERTIFICATE (SEPT 2026)
(a) Definitions. As used in this clause:
“FSS domestic end product” means a product that meets all of the following conditions:
(i) the product is offered for sale on the offeror’s or contractor’s (as applicable) General Services Administration Federal Supply Schedule contract;
(ii) the product is manufactured in the United States; and
(iii) if the product does not consist wholly or predominantly of iron or steel or both, the cost of components of the product that are mined, produced, or manufactured in the United States, exceeds 75 percent of all the costs of components for the product, or
(iv) if the product does consist wholly or predominantly of iron or steel, then the cost of foreign iron or steel (which includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the iron or steel) is less than 5 percent of the total cost of all the components of the product.
“Cost of components means”
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(1) For components purchased by the offer or contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certifi cate is issued); or
(2) For components manufactured by the offeror or contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profi t. Cost of components does not include any costs associated with the manufacture of the end product.
(b) Offerors and contractors are allowed, but not required, to certify that products listed in paragraph (c) are FSS domestic end products.
(c) The offeror (or contractor as applicable) hereby certifi es that the below are FSS domestic end products:
Product Name Manufacturer Part Number Manufacturer Name
______________ _____________________ _________________
______________ _____________________ _________________
______________ _____________________ _________________
[Offeror/contractor to insert rows as needed]
(d) The certifi cation in paragraph (c) of this clause is a material representation of fact to the Government. If it is later determined that the offeror or contractor knowingly rendered an erroneous certifi cation, the Government may pursue any available remedies, including those under the False Claims Act (31 U.S.C. 3729, et. seq.) or the Administrative False Claims Act (31 U.S.C. §§ 3801–3812).
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(e) A dealer, distributor, or other reseller, acting in good faith, may rely upon information provided by an original equipment manufacturer when making any certifi cations herein. Additionally, it may rely upon commercially reasonable best efforts to identify and utilize generally available data when making any certifi cations herein.
(f) An original equipment manufacturer may rely upon commercially reasonable due diligence best efforts when making any certifi cations herein. (End of clause)
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