25.603
Exceptions
FAR 25.603 allows exceptions to Buy American requirements for construction materials under specific circumstances, but mandates strict documentation and public notification for transparency and compliance.
Overview
FAR 25.603 outlines the specific exceptions to the Buy American requirements for construction materials under section 1605 of the American Recovery and Reinvestment Act (Recovery Act) and the Buy American statute. It allows contracting officers to approve the use of foreign construction materials in certain circumstances, such as nonavailability, unreasonable cost, or when it is inconsistent with public interest. The section also details the process for documenting and reporting these exceptions, including requirements for public notice and contract documentation. Additionally, it addresses how trade agreements affect the evaluation of offers for construction contracts above a certain threshold.
Key Rules
- Exceptions to Buy American Requirements
- Contracting officers may allow foreign construction materials if they are not available domestically, are unreasonably costly, or if applying the restriction is against public interest. The head of the agency may also determine impracticability for unmanufactured materials.
- Documentation and Notification
- Excepted materials must be listed in the contract, and certain exceptions require notice to the Federal Register and other agencies, including justification and project details.
- Trade Agreements Applicability
- For contracts valued at $6,708,000 or more, offers with designated country materials must be considered equally with domestic offers, except for Caribbean Basin Countries under the Recovery Act.
Responsibilities
- Contracting Officers: Identify, document, and list excepted materials in contracts; ensure proper notification and justification for exceptions.
- Contractors: Provide information and justification for exceptions when applicable; comply with contract terms regarding materials.
- Agencies: Approve exceptions, issue required public notices, and maintain transparency and oversight.
Practical Implications
- This section provides flexibility for using foreign materials when domestic options are unavailable, too costly, or not in the public interest, but requires strict documentation and transparency. Contractors and contracting officers must be diligent in following exception procedures to avoid compliance issues, especially for high-value contracts and those subject to trade agreements.