25.200 Scope of subpart
Source: FAR 25.200 on acquisition.gov
FAR 25.200 defines when and how Buy American requirements apply to construction materials in federal contracts, including key exceptions and special rules for ARRA-funded projects.
Overview
- FAR 25.200 outlines the scope of Subpart 25.2, which governs the application of Buy American requirements to construction materials used in federal contracts for public buildings or public works in the United States. It identifies the statutory and executive order authorities implemented by this subpart and clarifies its applicability, including exceptions for commercially available off-the-shelf (COTS) items and special provisions for projects funded by the American Recovery and Reinvestment Act (ARRA).
Key Rules
- Implementation of Statutes and Executive Orders
- The subpart enforces 41 U.S.C. chapter 83 (Buy American), Executive Orders 10582, 13881, and 14005, and provides for a waiver of the domestic content test for COTS items under certain conditions.
- Applicability to Construction Contracts
- Applies to contracts for construction, alteration, or repair of public buildings or public works in the U.S.
- Special Provisions for ARRA-Funded Projects
- Directs users to Subpart 25.6 for projects funded by the American Recovery and Reinvestment Act of 2009.
Responsibilities
- Contracting Officers: Must ensure compliance with Buy American requirements, apply relevant waivers, and reference ARRA provisions when applicable.
- Contractors: Must source construction materials in accordance with Buy American requirements unless a waiver applies.
- Agencies: Oversee compliance and ensure proper application of statutory and executive order requirements.
Practical Implications
- This section establishes the legal and regulatory framework for Buy American compliance in federal construction contracts. Contractors must be aware of when Buy American applies, when waivers (such as for COTS items) are available, and when special rules (like those under ARRA) must be followed. Misunderstanding the scope can lead to compliance failures and contract issues.
(a) This subpart implements-
(2) Executive Order 10582, December 17, 1954;
(3) Executive Order 13881, July 15, 2019;
(4) https://www.federalregister.gov/executive-order/14005" target="_blank">Executive Order 14005, January 25, 2021; and
(5) Waiver of the domestic content test of the Buy American statute for acquisitions of commercially available off-the-shelf (COTS) items in accordance with http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim" target="_blank">41 U.S.C. 1907, but see 25.201(b)(2)(ii).
(b) It applies to contracts for the construction, alteration, or repair of any public building or public work in the United States.
(c) When using funds appropriated or otherwise provided by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) for construction, see subpart 25.6.