Subpart 25.2
Buy American-Construction Materials
FAR Subpart 25.2 requires federal construction contracts to use domestic materials unless a valid exception is approved, with strict procedures for requesting and documenting any use of foreign materials.
Overview
FAR Subpart 25.2, "Buy American—Construction Materials," establishes the requirements for the use of domestic construction materials in federal construction contracts. Its primary purpose is to implement the Buy American Act as it applies to construction projects, ensuring that materials used in public works are produced in the United States unless specific exceptions apply. The subpart outlines the policy favoring domestic materials, details exceptions, and provides procedures for both preaward and postaward determinations regarding the use of foreign construction materials. It also covers how to evaluate offers that include foreign materials and addresses actions to take in cases of noncompliance.
Key Rules
- Policy (25.201)
- Federal construction contracts must generally use domestic construction materials unless an exception is granted.
- Exceptions (25.202)
- Exceptions may be allowed for nonavailability, unreasonable cost, or public interest, among other reasons.
- Preaward Determinations (25.203)
- Procedures for determining before award whether foreign materials may be used.
- Evaluating Offers (25.204)
- Guidance on how to evaluate bids that propose foreign construction materials, including price adjustments.
- Postaward Determinations (25.205)
- Procedures for handling requests to use foreign materials after contract award.
- Noncompliance (25.206)
- Steps to address and remedy contractor noncompliance with Buy American requirements.
Responsibilities
- Contracting Officers: Must ensure compliance with Buy American requirements, process exception requests, and evaluate offers accordingly.
- Contractors: Must certify and use domestic construction materials unless an exception is granted, and provide necessary documentation.
- Agencies: Oversee compliance, review exception justifications, and enforce remedies for noncompliance.
Practical Implications
- This subpart ensures federal funds support domestic industries by prioritizing U.S.-made construction materials.
- Contractors must carefully track and document material sources to avoid disqualification or penalties.
- Common pitfalls include misunderstanding exceptions, improper documentation, or failing to request determinations before using foreign materials.