[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: 48CFR25.204]



[Page 489]

 

            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 covered by the WTO 

GPA or a Free Trade Agreement (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.



[64 FR 72419, Dec. 27, 1999, as amended at 69 FR 1053, Jan. 7, 2004; 69 

FR 77873, Dec. 28, 2004]