[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR12.810]

[Page 335]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 12_ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES FOR 
ASSISTANCE PROGRAMS--Table of Contents
 
       Subpart E_Buy American Requirements for Assistance Programs
 
Sec. 12.810  Policy.

    (a) The Buy American Act requires that only domestic construction 
materials be used in construction in the United States, except when--
    (1) The cost would be unreasonable as determined in accordance with 
Sec. 12.815;
    (2) The head of the grantee organization or a designee at a level no 
lower than the grantee's designated awarding official determines that 
use of a particular domestic construction material would be 
impracticable; or
    (3) The head of the grantee organization or a designee at a level no 
lower than the grantee's designated awarding official determines the 
construction material is not mined, produced, or manufactured in the 
United States in sufficient and reasonably available commercial 
quantities of a satisfactory quality (see Sec. 12.720).
    (b) When it is determined for any reasons stated in this section 
that certain foreign construction materials may be used, the excepted 
materials shall be listed in the agreement. Findings justifying the 
exception shall be available for public inspection.