52.225-10
Notice of Buy American Requirement-Construction Materials
Contractors must carefully follow Buy American requirements for construction materials, submitting all required documentation and alternate offers to avoid disqualification.
Overview
FAR 52.225-10, "Notice of Buy American Requirement-Construction Materials," informs offerors of the Buy American statute's requirements for construction materials in federal contracts. It defines key terms by reference to FAR 52.225-9 and outlines procedures for requesting exceptions, evaluation of offers involving foreign materials, and submission of alternate offers. The provision ensures that offerors understand how to request determinations of inapplicability, how their offers will be evaluated if they propose foreign construction materials, and the documentation required for compliance. Alternate I modifies the timing for submitting exception requests, requiring submission with the offer.
Key Rules
- Definitions Reference
- Key terms are defined in FAR 52.225-9 and must be understood for compliance.
- Requests for Determinations of Inapplicability
- Offerors must submit requests for exceptions to the Buy American statute with supporting data, either before or with their offer, depending on the solicitation instructions.
- Evaluation of Offers
- Offers with foreign construction materials are evaluated with a price adjustment, and ties favor offers without exceptions.
- Alternate Offers
- Offerors may submit alternate offers using domestic materials, requiring separate forms and price tables.
- Nonresponsive Offers
- Offers based on foreign materials without a granted exception may be rejected or must be revised.
Responsibilities
- Contracting Officers: Evaluate exception requests, apply price adjustments, and determine responsiveness.
- Contractors: Submit required documentation and alternate offers as needed, and comply with Buy American requirements.
- Agencies: Ensure proper evaluation and enforcement of Buy American provisions.
Practical Implications
- Ensures domestic materials are prioritized in federal construction contracts.
- Requires careful documentation and timely submission of exception requests.
- Noncompliance can result in offer rejection or contract ineligibility.