52.225-9
Buy American-Construction Materials
FAR 52.225-9 requires contractors on federal construction projects to use domestic construction materials unless specific exceptions are approved, with strict content thresholds and documentation requirements.
Overview
FAR 52.225-9, Buy American-Construction Materials, establishes requirements for the use of domestic construction materials in federal construction contracts. The clause defines key terms, sets domestic content thresholds, and outlines the process for requesting exceptions to the Buy American statute. It provides a preference for domestic materials, with specific rules for items containing iron or steel, and details procedures for contractors to request the use of foreign materials when domestic options are unavailable, impracticable, or unreasonably expensive.
Key Rules
- Domestic Construction Material Requirement
- Contractors must use only domestic construction materials unless exceptions apply, with specific content thresholds for iron/steel and other materials.
- Content Thresholds
- For non-iron/steel materials, U.S. content must exceed 60% (increasing to 65% in 2024-2028 and 75% in 2029+); for iron/steel, foreign content must be less than 5%.
- Exceptions and Waivers
- Exceptions may be granted if domestic materials are unavailable, impracticable, or unreasonably costly (domestic cost exceeds foreign by >20%, with additional factors for critical items/components).
- Request Process for Foreign Materials
- Contractors must submit detailed requests with supporting data for exceptions, including price comparisons and justifications.
- Data and Documentation
- Contractors must provide a price comparison table and supplier survey data when requesting exceptions based on cost.
Responsibilities
- Contracting Officers: List excepted materials, evaluate exception requests, negotiate consideration for waivers, and modify contracts as needed.
- Contractors: Ensure use of compliant materials, submit exception requests with required data, and maintain documentation.
- Agencies: Oversee compliance and enforce Buy American requirements.
Practical Implications
- Ensures federal construction projects support U.S. manufacturing and supply chains.
- Contractors must carefully track material origins and content percentages.
- Noncompliance can result in contract modifications, penalties, or disallowance of foreign materials. Exceptions require thorough justification and documentation.