Subpart 25.1
Buy American-Supplies
FAR Subpart 25.1 requires federal supply contracts to prioritize U.S.-made products, but allows specific exceptions and outlines procedures for compliance and cost evaluation.
Overview
FAR Subpart 25.1, "Buy American—Supplies," establishes the requirements and procedures for acquiring supplies for public use in the United States that are manufactured domestically, in accordance with the Buy American Act (BAA). This subpart outlines the policy preference for U.S.-made products, details exceptions to the rule, identifies nonavailable articles, addresses critical components and items, and provides guidance on determining the reasonableness of cost when comparing domestic and foreign offers. The subpart is essential for ensuring compliance with domestic sourcing laws and for understanding when and how exceptions may apply.
Key Rules
- Scope and General Policy
- Applies to all acquisitions of supplies for use in the U.S., unless an exception is met. Establishes a preference for domestic end products.
- Exceptions
- Lists circumstances where the Buy American Act does not apply, such as when domestic products are unavailable, the cost is unreasonable, or for certain trade agreements.
- Nonavailable Articles
- Provides a list of articles not available domestically in sufficient quantity or quality, which are exempt from BAA requirements.
- Critical Components and Items
- Identifies critical items and components that may require special consideration under the BAA.
- Determining Reasonableness of Cost
- Outlines procedures for evaluating whether the price of domestic supplies is reasonable compared to foreign offers.
Responsibilities
- Contracting Officers: Must apply BAA requirements, determine applicability of exceptions, and document decisions.
- Contractors: Must certify the origin of supplies and comply with domestic content requirements.
- Agencies: Oversee compliance, maintain lists of nonavailable articles, and ensure proper application of exceptions.
Practical Implications
- Ensures federal funds support U.S. manufacturing and supply chains.
- Contractors must carefully track and certify the origin of their products.
- Misapplication of exceptions or miscertification can lead to contract issues or penalties.