52.225-22
Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials
FAR 52.225-22 requires offerors on covered construction contracts to prioritize American-made materials and follow strict procedures for requesting exceptions, with significant evaluation penalties for foreign materials.
Overview
FAR 52.225-22 is a solicitation provision that notifies offerors of the requirement to use American iron, steel, and manufactured goods in construction projects funded by the American Recovery and Reinvestment Act (ARRA) or subject to the Buy American statute. It outlines procedures for requesting exceptions, how offers will be evaluated when foreign materials are proposed, and the process for submitting alternate offers using domestic materials. The provision ensures transparency and compliance with domestic sourcing laws, and it requires offerors to provide detailed supporting data if seeking exceptions to these requirements.
Key Rules
- Definitions Reference
- Key terms are defined in FAR 52.225-21 and must be understood as used in this provision.
- Requests for Determinations of Inapplicability
- Offerors seeking exceptions to the Buy American statute or ARRA must submit requests (with supporting data) to the Contracting Officer before offer submission, or include the data in their offer if no response is received.
- Evaluation of Offers
- Offers including foreign materials are evaluated with price penalties (25% for manufactured, 20% for unmanufactured) unless exceptions apply. Preference is given to offers using domestic materials if prices are equal.
- Alternate Offers
- Offerors may submit alternate offers using domestic materials, requiring separate forms and cost tables. If exceptions are denied, only domestic-material offers are considered.
Responsibilities
- Contracting Officers: Evaluate requests for exceptions, apply price penalties, and ensure compliance with domestic material requirements.
- Contractors/Offerors: Submit timely and complete exception requests, provide supporting data, and prepare alternate offers as needed.
- Agencies: Oversee compliance and ensure proper evaluation and documentation.
Practical Implications
- This provision enforces domestic sourcing for construction materials, impacting sourcing decisions and bid preparation. Offerors must carefully document and justify any requests for exceptions and be prepared to provide alternate offers. Failure to comply may result in rejection of offers or additional evaluation penalties.