FAR 52.225-21 - Required Use of American Iron, Steel, and Manufactured Goods - Buy American Statute - Construction Materials
Prescribed in 25.1102(e)(1) | ||
| Effective Date: | 1 May 2014 | |
| Clause or Provision: | Clause | |
| Provision or Clause Number: | 52.225-21 - Required Use of American Iron, Steel, and Manufactured Goods - Buy American Statute - Construction Materials | |
| Principle Type And/Or Purpose of Contract: | ||
| Required: | ||
| Applicable: | Cost Reimbursement, Construction; Fixed Price, Construction | |
| Optional: | Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Indefinite Delivery; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Time & Material/Labor Hour; Fixed Price, Service; Cost Reimbursement, Supply; Cost Reimbursement, Service | |
| Subject: | Buy American | |
| ProcurementType: | ||
| Contract Threshold: | ||
| Prescription Overview: |
Prescription(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. | |
| Clause Overview: |
Clause(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 .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—
(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—
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American statute(1)
(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) DataTo 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:
Construction Material Description
Foreign construction material ________ ________ ________
________ ________ ________
Foreign 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.]
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| Important Notes/Requirements: | ||
| Subcontract Threshold: | ||
| Incorporated by Reference: | No | |
| Uniform Contract Format: | ||
| Editor: | Marshall | |
Personal notes.
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