U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            FAR
                            25.204 Evaluating offers of foreign construction material.
        
                  FAR
FAR
FAC Number: 2024-03 Effective Date: 02/23/2024
PartPart 1Part 2Part 3Part 4Part 5Part 6Part 7Part 8Part 9Part 10Part 11Part 12Part 13Part 14Part 15Part 16Part 17Part 18Part 19Part 20Part 21Part 22Part 23Part 24Part 25Part 26Part 27Part 28Part 29Part 30Part 31Part 32Part 33Part 34Part 35Part 36Part 37Part 38Part 39Part 40Part 41Part 42Part 43Part 44Part 45Part 46Part 47Part 48Part 49Part 50Part 51Part 52Part 53
Subpart25.025.125.225.325.425.525.625.725.825.925.1025.11
Section25.20025.20125.20225.20325.20425.20525.206
Leave this field blank
        
                  

                                
                  
        « PreviousNext »
25.204 Evaluating offers of foreign construction material.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)                                                         (1)                         *For construction                               material that is not a critical item and does not contain critical                               components*.                                                                           (i)                               Unless the head of the agency                                  specifies a higher percentage, the contracting officer shall add to                                  the offered price 20 percent of the cost of any foreign                                  construction material proposed for exception from the requirements                                  of the Buy American statute based on the unreasonable cost of                                  domestic construction materials. In the case of a tie, the                                  contracting officer shall 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.                                                                              (ii)                               For construction material that                                  is not a COTS item and does not consist wholly or predominantly of                                  iron or steel or a combination of both, if the procedures in                                  paragraph (b)(1)(i) of this section result in an unreasonable cost                                  determination for the domestic construction material offer or there                                  is no domestic construction material offer received, and the low                                  offer is for foreign construction material that does not exceed 55                                  percent domestic content, the contracting officer shall—                                                                                             (A)                                     Treat the lowest offer of                                        foreign construction material that is manufactured in the                                        United States and exceeds 55 percent domestic content as a                                        domestic offer; and                                                                                                (B)                                     Determine the                                        reasonableness of the cost of this offer by applying the                                        evaluation factor listed in paragraph (b)(1)(i) to the low                                        offer.                                                                                                                                         (iii)                               The procedures in paragraph                                  (b)(1)(ii) of this section will no longer apply as of January 1,                                  2030.                                                                                                           (2)                         *For construction material that is a                               critical item or contains critical components*.                                                                           (i)                               The contracting officer shall                                  add to the offered price 20 percent, plus the additional preference                                  factor identified for the critical item or construction material                                  containing critical components listed at section  25.105, of the cost of any foreign construction material                                  proposed for exception from the requirements of the Buy American                                  statute based on the unreasonable cost of domestic construction                                  materials. In the case of a tie, the contracting officer shall 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. See  25.105 for the list of                                  critical components and critical items.                                                                              (ii)                               For construction material that                                  is not a COTS item and does not consist wholly or predominantly of                                  iron or steel or a combination of both, if the procedures in                                  paragraph (b)(2)(i) of this section result in an unreasonable cost                                  determination for the domestic construction material offer or there                                  is no domestic construction material offer received, and the low                                  offer is for foreign construction material that does not exceed 55                                  percent domestic content, the contracting officer shall—                                                                                             (A)                                     Treat the lowest offer of                                        foreign construction material that is manufactured in the                                        United States and exceeds 55 percent domestic content as a                                        domestic offer; and                                                                                                (B)                                     Determine the                                        reasonableness of the cost of this offer by applying the                                        evaluation factors listed in this paragraph (b)(2) to the low                                        offer.                                                                                                                                         (iii)                               The procedures in paragraph                                  (b)(2)(ii) of this section will no longer apply as of January 1,                                  2030.                                                                                                                            (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.    **Parent topic:**  Subpart 25.2 - Buy American-Construction Materials
« PreviousNext »
FavoriteX

      Far Parts
            Regulations FAR Menu
  

        
      Index
                              List of Sections Affected
                              DOD Deviations
                              CAAC Deviations
                              1
                              2
                              3
                              4
                              5
                              6
                              7
                              8
                              9
                              10
                              11
                              12
                              13
                              14
                              15
                              16
                              17
                              18
                              19
                              20
                              21
                              22
                              23
                              24
                              25
                              26
                              27
                              28
                              29
                              30
                              31
                              32
                              33
                              34
                              35
                              36
                              37
                              38
                              39
                              40
                              41
                              42
                              43
                              44
                              45
                              46
                              47
                              48
                              49
                              50
                              51
                              52
                              53
                              Chapter 99 (CAS)Definitions
    Toggle
FAC Changes
    Toggle
Style Formatter
    Toggle

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt