[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR25.1102]

[Page 484-485]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 25_FOREIGN ACQUISITION--Table of Contents
 
       Subpart 25.11_Solicitation Provisions and Contract Clauses
 
Sec.  25.1102  Acquisition of construction.

    (a) Insert the clause at 52.225-9, Buy American Act--Construction 
Materials, in solicitations and contracts for construction that is 
performed in the United States valued at less than $6,481,000.
    (1) List in paragraph (b)(2) of the clause all foreign construction 
material excepted from the requirements of the Buy American Act.

[[Page 485]]

    (2) If the head of the agency determines that a higher percentage is 
appropriate, substitute the higher evaluation percentage in paragraph 
(b)(3)(i) of the clause.
    (b)(1) Insert the provision at 52.225-10, Notice of Buy American Act 
Requirement--Construction Materials, in solicitations containing the 
clause at 52.225-9.
    (2) If insufficient time is available to process a determination 
regarding the inapplicability of the Buy American Act before receipt of 
offers, use the provision with its Alternate I.
    (c) Insert the clause at 52.225-11, Buy American Act-- Construction 
Materials under Trade Agreements, in solicitations and contracts for 
construction that is performed in the United States valued at $6,481,000 
or more.
    (1) List in paragraph (b)(3) of the clause all foreign construction 
material excepted from the requirements of the Buy American Act, other 
than designated country or NAFTA country construction material.
    (2) If the head of the agency determines that a higher percentage is 
appropriate, substitute the higher evaluation percentage in paragraph 
(b)(4)(i) of the clause.
    (3) For acquisitions valued at $6,481,000 or more, but less than 
$7,304,733, use the clause with its Alternate I.
    (d)(1) Insert the provision at 52.225-12, Notice of Buy American Act 
Requirement--Construction Materials under Trade Agreements, in 
solicitations containing the clause at 52.225-11.
    (2) If insufficient time is available to process a determination 
regarding the inapplicability of the Buy American Act before receipt of 
offers, use the provision with its Alternate I.
    (3) For acquisitions valued at $6,481,000 or more, but less than 
$7,304,733, use the clause with its Alternate II.

[64 FR 72419, Dec. 27, 1999, as amended at 65 FR 36026, June 6, 2000; 67 
FR 21536, Apr. 30, 2002; 67 FR 56124, Aug. 30, 2002]