[Code of Federal Regulations]
[Title 48, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR852.236-89]

[Page 253-254]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS
 
Sec. 852.236-89  Buy American Act.

    As prescribed in 825.1102, insert the following clause:

                       Buy American Act (JUL 2002)

    (a) Reference is made to the clause entitled ``Buy American Act--
Balance of Payments Program--Construction Materials,'' FAR 52.225-9.
    (b) Notwithstanding a bidder's right to offer identifiable foreign 
construction material in its bid pursuant to FAR 52.225-9, VA does not 
anticipate accepting an offer that includes foreign construction 
material.
    (c) If a bidder chooses to submit a bid that includes foreign 
construction material, that bidder must provide a listing of the 
specific foreign construction material he/she intends to use and a price 
for said material. Bidders must include bid prices for comparable 
domestic construction material. If VA determines not to accept foreign 
construction material and no comparable domestic construction material 
is provided, the entire bid will be rejected.
    (d) Any foreign construction material proposed after award will be 
rejected unless the bidder proves to VA's satisfaction: (1) It was 
impossible to request the exemption prior to award, and (2) said 
domestic construction material is no longer available, or (3) where the 
price has escalated so dramatically after the contract has been awarded 
that it would be unconscionable to require performance at that price. 
The determinations required by (1), (2), and (3) of this paragraph shall 
be made in accordance with subpart 825.2 and FAR 25.2.
    (e) By signing this bid, the bidder declares that all articles, 
materials and supplies for use on the project shall be domestic unless 
specifically set forth on the Bid Form or addendum thereto.

                             (End of clause)

    Alternate I (JUL 2002) As prescribed in 825.1102(b), substitute the 
following paragraphs for paragraphs (a) and (b) of the basic clause:


[[Page 254]]


    (a) Reference is made to the clause entitled ``Buy American Act--
Balance of Payment Program--Construction Materials Under Trade 
Agreements,'' FAR 52.225-11.
    (b) The restrictions contained in this clause 852.236-89 are waived 
for Trade Agreements Act (TAA) designated country construction material, 
as defined in FAR 52.225-11. Notwithstanding a bidder's right to offer 
identifiable foreign construction material in its bid pursuant to FAR 
52.225-11, VA does not anticipate accepting an offer that includes 
foreign construction material, other than TAA designated country 
construction material.

    Alternate II (JUL 2002) As prescribed in 825.1102(c), substitute the 
following paragraphs for paragraphs (a) and (b) of the basic clause:

    (a) Reference is made to the clause entitled ``Buy American Act--
Balance of Payment Program--Construction Materials Under Trade 
Agreements,'' FAR 52.225-11.
    (b) The restrictions contained in this clause 852.236-89 are waived 
for Trade Agreements Act (TAA) designated country construction material 
and North American Free Trade Agreement (NAFTA) country construction 
material, as defined in FAR 52.225-11. Notwithstanding a bidder's right 
to offer identifiable foreign construction material in its bid pursuant 
to FAR 52.225-11, VA does not anticipate accepting an offer that 
includes foreign construction material, other than TAA designated 
country construction material or NAFTA country construction material.

[67 FR 49263, July 30, 2002]