25.602-2
Buy American statute
Federal construction contracts generally require unmanufactured materials to be sourced from the U.S., unless a trade agreement or specific exception applies.
Overview
FAR 25.602-2 implements the Buy American statute for construction materials, requiring that only unmanufactured construction material mined or produced in the United States be used in federal construction contracts, unless an exception in FAR 25.603 applies. If a trade agreement is in effect, unmanufactured construction material from designated countries may also be used. This provision is central to ensuring federal projects support domestic industries, but it allows flexibility when international trade agreements are relevant.
Key Rules
- Domestic Requirement
- Only unmanufactured construction material mined or produced in the U.S. may be used, unless an exception applies.
- Trade Agreement Exception
- If trade agreements are applicable, materials from designated countries may also be used.
Responsibilities
- Contracting Officers: Must ensure compliance with the Buy American statute and verify the origin of unmanufactured construction materials, applying exceptions only as allowed.
- Contractors: Must source unmanufactured construction materials from the U.S. or, if permitted, from designated countries under trade agreements.
- Agencies: Oversee and enforce compliance with sourcing requirements and maintain documentation for any exceptions.
Practical Implications
- This section exists to promote the use of domestic materials in federal construction, supporting U.S. industries and jobs.
- Contractors must carefully track the origin of all unmanufactured construction materials and be aware of any applicable trade agreements or exceptions.
- Common pitfalls include misidentifying the country of origin or failing to document exceptions properly, which can lead to contract noncompliance or penalties.