[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: 48CFR25.204]

[Page 472]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 25_FOREIGN ACQUISITION--Table of Contents
 
          Subpart 25.2_Buy American Act_Construction Materials
 
Sec.  25.204  Evaluating offers of foreign construction material.

    (a) Offerors proposing to use foreign construction material other 
than that listed by the Government in the applicable clause at 52.225-9, 
paragraph (b)(2), or 52.225-11, paragraph (b)(3), or excepted under the 
Trade Agreements Act or NAFTA (paragraph (b)(2) of 52.225-11), must 
provide the information required by paragraphs (c) and (d) of the 
respective clauses.
    (b) Unless the head of the agency specifies a higher percentage, the 
contracting officer must add to the offered price 6 percent of the cost 
of any foreign construction material proposed for exception from the 
requirements of the Buy American Act based on the unreasonable cost of 
domestic construction materials. In the case of a tie, the contracting 
officer must give preference to an offer that does not include foreign 
construction material excepted at the request of the offeror on the 
basis of unreasonable cost.
    (c) Offerors also may submit alternate offers based on use of 
equivalent domestic construction material to avoid possible rejection of 
the entire offer if the Government determines that an exception 
permitting use of a particular foreign construction material does not 
apply.
    (d) If the contracting officer awards a contract to an offeror that 
proposed foreign construction material not listed in the applicable 
clause in the solicitation (paragraph (b)(2) of 52.225-9, or paragraph 
(b)(3) of 52.225-11), the contracting officer must add the excepted 
materials to the list in the contract clause.