Subpart 25.6
American Recovery and Reinvestment Act-Buy American statute-Construction Materials
FAR Subpart 25.6 mandates the use of domestic construction materials for ARRA-funded projects unless a specific exception is granted, requiring strict documentation and compliance from contractors.
Overview
FAR Subpart 25.6 implements the requirements of the American Recovery and Reinvestment Act (ARRA) Buy American statute as it applies to construction materials used in federal construction projects funded by the Recovery Act. This subpart establishes policies, definitions, exceptions, and procedures for determining the applicability of Buy American requirements, evaluating offers that include foreign construction materials, and addressing noncompliance. It provides guidance for both preaward and postaward determinations regarding the use of domestic versus foreign construction materials, and outlines the process for requesting exceptions and handling violations.
Key Rules
- Scope and Definitions
- Clarifies which contracts and materials are covered and defines key terms related to the Buy American statute and ARRA.
- Policy
- Requires the use of domestic construction materials unless an exception applies.
- Exceptions
- Lists circumstances under which foreign materials may be used, such as nonavailability or unreasonable cost.
- Preaward and Postaward Determinations
- Details procedures for determining the applicability of Buy American requirements before and after contract award.
- Evaluating Offers
- Provides criteria for evaluating offers that include foreign construction materials.
- Noncompliance
- Outlines actions to be taken if a contractor fails to comply 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 document the origin of construction materials and request exceptions as needed.
- Agencies: Oversee compliance, review exception requests, and enforce remedies for noncompliance.
Practical Implications
- Ensures ARRA-funded construction projects prioritize domestic materials, supporting U.S. industry.
- Contractors must be diligent in sourcing and documenting materials to avoid delays or penalties.
- Noncompliance can result in contract remedies or penalties, making early determination and documentation critical.