FAR 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials. Basic (Jan 2021) (Current)

As prescribed in 25.1102(e), 

           (1) when using funds appropriated under the Recovery Act for construction, use provisions and clauses 52.225-21, 52.225-22, 52.225-23, or 52.225-24 (with appropriate Alternates) in lieu of the provisions and clauses 52.225-9, 52.225-10, 52.225-11, or 52.225-12 (with appropriate Alternates), respectively, that would be applicable as prescribed in paragraphs (a) through (d) of this section if Recovery Act funds were not used.

           (2) If these Recovery Act provisions and clauses are only applicable to a project consisting of certain line items in the contract, identify in the schedule the line items to which the provisions and clauses apply.

           (3) When using clause 52.225-23, list foreign construction material in paragraph (b)(3) of the clause as follows:

                (i) Basic clause. List all foreign construction materials excepted from the Buy American statute or section 1605 of the Recovery Act, other than manufactured construction material from a Recovery Act designated country or unmanufactured construction material from a designated country.

                (ii) Alternate I. List in paragraph (b)(3) of the clause all foreign construction material excepted from the Buy American statute or section 1605 of the Recovery Act, other than-

                     (A) Manufactured construction material from a Recovery Act designated country other than Bahrain, Mexico, or Oman; or

                     (B) Unmanufactured construction material from a designated country other than Bahrain, Mexico, or Oman.
 

 

Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials (Jan 2021)

      (a) Definitions. As used in this clause-

      Component means an article, material, or supply incorporated directly into a construction material.

      Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

      Domestic construction material means the following-

           (1) An unmanufactured construction material mined or produced in the United States. (The Buy American statute applies.)

           (2) A manufactured construction material that is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States. (Section 1605 of the Recovery Act applies.)

      Foreign construction material means a construction material other than a domestic construction material.

      Manufactured construction material means any construction material that is not unmanufactured construction material.

      Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

      United States means the 50 States, the District of Columbia, and outlying areas.

      Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been-

           (1) Processed into a specific form and shape; or

           (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

      (b) Domestic preference. 

           (1) This clause implements-

                (i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all manufactured construction material in the project is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States (produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, except metallurgical processes involving refinement of steel additives); and

                (ii) 41 U.S.C chapter 83, Buy American, by providing a preference for unmanufactured construction material mined or produced in the United States over unmanufactured construction material mined or produced in a foreign country.

           (2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

           (3) This requirement does not apply to the construction material or components listed by the Government as follows:

           ____________________________________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

           (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that-

                (i) The cost of domestic construction material would be unreasonable;

                     (A) The cost of domestic manufactured construction material, when compared to the cost of comparable foreign manufactured construction material, is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

                     (B) The cost of domestic unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of comparable foreign unmanufactured construction material by more than 20 percent;

                (ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality;

                (iii) The application of the restriction of section 1605 of the Recovery Act to a particular manufactured construction material would be inconsistent with the public interest or the application of the Buy American statute to a particular unmanufactured construction material would be impracticable or inconsistent with the public interest.

      (c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American statute. 

           (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including-

                     (A) A description of the foreign and domestic construction materials;

                     (B) Unit of measure;

                     (C) Quantity;

                     (D) Cost;

                     (E) Time of delivery or availability;

                     (F) Location of the construction project;

                     (G) Name and address of the proposed supplier; and

                     (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

                (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

                (iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

                (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

           (2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

           (3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American statute applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American statute.

      (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

 
Foreign and Domestic Construction Materials Cost Comparison
Construction Material Description Unit of Measure Quantity Cost (Dollars)*

Item 1:

 

 

 

Foreign construction material

________

________

________

Domestic construction material

________

________

________

 

 

 

 

Item 2:

 

 

 

Foreign construction material

________

________

________

Domestic construction material

________

________

________

 

 

 

 

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site.]

(End of clause)
 

NONE

Prime’s Interest;
Services ✖ Supplies ✖ Construction ✔ Architect-Eng ✖ 
⚠ <>52.225-9 Basic

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.225-1 Buy American-Supplies

52.225-11 Buy American-Construction Materials under Trade Agreements.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.

52.225-5 Trade Agreements.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.225-8 Duty-Free Entry.

52.225-9 Buy American-Construction Materials.

52.247-36 F.a.s. Vessel, Port of Shipment.

52.247-37 F.o.b. Vessel, Port of Shipment.

52.247-38 F.o.b. Inland Carrier, Point of Exportation.

52.247-39 F.o.b. Inland Point, Country of Importation.

52.247-40 Ex Dock, Pier, or Warehouse, Port of Importation.

52.247-41 C.& f. Destination.

52.247-42 C.i.f. Destination.

52.247-43 F.o.b. Designated Air Carrier’s Terminal, Point of Exportation.

52.247-44 F.o.b. Designated Air Carrier’s Terminal, Point of Importation.

52.247-51 Evaluation of Export Offers.

52.246-26 Reporting Nonconforming Items.

252.225-7017 Photovoltaic Devices.

252.225-7021 Trade Agreements.

252.225-7036 Buy American-Free Trade Agreements--Balance of Payments

252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

252.225-7001 Buy American and Balance of Payments Program.

252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies.

252.225-7013 Duty-Free Entry.

252.225-7018 Photovoltaic Devices-Certificate.

252.225-7037 Evaluation of Offers for Air Circuit Breakers.

252.225-7038 Restriction on Acquisition of Air Circuit Breakers.

252.225-7044 Balance of Payments Program--Construction Material.

252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements.

252.225-7046 Exports by Approved Community Members in Response to the Solicitation.

252.225-7047 Exports by Approved Community Members in Performance of the Contract.

252.225-7048 Export-Controlled Items.

252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.229-7001 Tax Relief.

252.229-7002 Customs Exemptions (Germany).

252.229-7004 Status of Contractor as a Direct Contractor (Spain).

252.229-7014 Taxes-Foreign Contracts in Afghanistan.

252.229-7015 Taxes-Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

252.245-7004 Reporting, Reutilization, and Disposal.

1852.225-70 Export Licenses.

1852.225-8 Duty-Free Entry of Space Articles.

1852.235-73 Final Scientific and Technical Reports.

1852.247-73 Bills of Lading.

5252.227-9508 QUALIFIED U.S. CONTRACTORS FOR EXPORT-CONTROLLED TECHNICAL DATA (NAVAIR)

5252.227-9507 Notice Regarding The Dissemination of Export-ControlledTechnical Data (NAVAIR) (Oct 2005)

5152.225-5914 Commodity Shipping Instructions

552.238-107 Export Traffic Release (Supplies).

552.211-87 Export Packing.

552.211-88 Vehicle Export Preparation.

552.211-89 Non-Manufactured Wood Packaging Material for Export.

652.225-71 Section 8(a) of the Export Administration Act of 1979, as Amended.

652.229-70 Excise Tax Exemption Statement for Contractors Within the United States.

652.247-71 Shipping Instructions

952.225-71 Compliance with export control laws and regulations (Export Clause)

970.5225-1 Compliance with export control laws and regulations.

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