[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR25.1102]



[Page 502-503]

 

            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 $6,725,000.

    (1) List in paragraph (b)(2) of the clause all foreign construction 

material excepted from the requirements of the Buy American Act.

    (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 $6,725,000 

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 WTO GPA country, least developed country, or FTA 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 $6,725,000 or more, but less than 

$7,611,532, use the clause with its Alternate I. 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 

Australian, Chilean, or Moroccan construction material.

    (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



[[Page 503]]



Act before receipt of offers, use the provision with its Alternate I.

    (3) For acquisitions valued at $6,725,000 or more, but less than 

$7,611,532, 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; 69 FR 1055, Jan. 7, 

2004; 69 FR 77876, Dec. 28, 2004]