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                            52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials.
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart52.052.152.252.3
Section52.20052.20152.20252.20352.20452.20552.20652.20752.20852.20952.21052.21152.21252.21352.21452.21552.21652.21752.21852.21952.22052.22152.22252.22352.22452.22552.22652.22752.22852.22952.23052.23152.23252.23352.23452.23552.23652.23752.23852.23952.24052.24152.24252.24352.24452.24552.24652.24752.24852.24952.25052.25152.25252.253
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52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials.52.225-21 Required Use of American Iron, Steel,          and Manufactured Goods-Buy American Statute-Construction          Materials.       As prescribed in 25.1102(e), insert the following             clause:          Required Use of American Iron, Steel, and             Manufactured Goods-Buy American Statute-Construction Materials (Jan             2021)                                       (a)                   *Definitions*. As used in this                   clause-                *Component* means an article,                   material, or supply incorporated directly into a construction                   material.                *Construction material* means an                   article, material, or supply brought to the construction site                   by the Contractor or a subcontractor for incorporation into                   the building or work. The term also includes an item brought                   to the site preassembled from articles, materials, or                   supplies. However, emergency life safety systems, such as                   emergency lighting, fire alarm, and audio evacuation systems,                   that are discrete systems incorporated into a public building                   or work and that are produced as complete systems, are                   evaluated as a single and distinct construction material                   regardless of when or how the individual parts or components                   of those systems are delivered to the construction site.                *Domestic construction material*                   means the following-                                                         (1) An unmanufactured                         construction material mined or produced in the United                         States. (The Buy American statute applies.)                                                            (2) A manufactured construction                         material that is manufactured in the United States and,                         if the construction material consists wholly or                         predominantly of iron or steel, the iron or steel was                         produced in the United States. (Section 1605 of the                         Recovery Act applies.)                                                   *Foreign construction material*                   means a construction material other than a domestic                   construction material.                *Manufactured construction                   material* means any construction material that is not                   unmanufactured construction material.                *Steel*means an alloy that                   includes at least 50 percent iron, between 0.02 and 2 percent                   carbon, and may include other elements.                *United States* means the 50                   States, the District of Columbia, and outlying areas.                *Unmanufactured construction                   material* means raw material brought to the construction                   site for incorporation into the building or work that has not                   been-                                                         (1) Processed into a specific                         form and shape; or                                                            (2) Combined with other raw                         material to create a material that has different                         properties than the properties of the individual raw                         materials.                                                                             (b) Domestic preference.                                                         (1) This clause implements-                                                                           (i) Section 1605 of the                               American Recovery and Reinvestment Act of 2009                               (Recovery Act) (Pub. L. 111-5), by requiring,                               unless an exception applies, that all manufactured                               construction material in the project is                               manufactured in the United States and, if the                               construction material consists wholly or                               predominantly of iron or steel, the iron or steel                               was produced in the United States (produced in the                               United States means that all manufacturing                               processes of the iron or steel must take place in                               the United States, except metallurgical processes                               involving refinement of steel additives); and                                                                              (ii)                                 41 U.S.C chapter 83,                               Buy American, by providing a preference for                               unmanufactured construction material mined or                               produced in the United States over unmanufactured                               construction material mined or produced in a                               foreign country.                                                                                                           (2) The Contractor shall use                         only domestic construction material in performing this                         contract, except as provided in paragraph (b)(3) and                         (b)(4) of this clause.                                                            (3) This requirement does not                         apply to the construction material or components listed                         by the Government as follows:                      ____________________________________________________________________________[*Contracting Officer to list                         applicable excepted materials or indicate                         "none"*]                                                            (4) The Contracting Officer may                         add other foreign construction material to the list in                         paragraph (b)(3) of this clause if the Government                         determines that-                                                                           (i) The cost of domestic                               construction material would be unreasonable;                                                                                             (A) The cost of                                     domestic manufactured construction material,                                     when compared to the cost of comparable                                     foreign manufactured construction material,                                     is unreasonable when the cumulative cost of                                     such material will increase the cost of the                                     contract by more than 25 percent;                                                                                                (B) The cost of                                     domestic unmanufactured construction                                     material is unreasonable when the cost of                                     such material exceeds the cost of comparable                                     foreign unmanufactured construction material                                     by more than 20 percent;                                                                                                                                         (ii) The construction                               material is not mined, produced, or manufactured                               in the United States in sufficient and reasonably                               available quantities and of a satisfactory                               quality;                                                                              (iii) The application of                               the restriction of section 1605 of the Recovery                               Act to a particular manufactured construction                               material would be inconsistent with the public                               interest or the application of the Buy American                               statute to a particular unmanufactured                               construction material would be impracticable or                               inconsistent with the public interest.                                                                                                                            (c)                   *Request for determination of                   inapplicability of section 1605 of the Recovery Act or the Buy                   American statute.*                                                         (1)                                                                           (i) Any Contractor                               request to use foreign construction material in                               accordance with paragraph (b)(4) of this clause                               shall include adequate information for Government                               evaluation of the request, including-                                                                                             (A) A description                                     of the foreign and domestic construction                                     materials;                                                                                                (B) Unit of                                     measure;                                                                                                (C) Quantity;                                                                                                (D) Cost;                                                                                                (E) Time of                                     delivery or availability;                                                                                                (F) Location of the                                     construction project;                                                                                                (G) Name and                                     address of the proposed supplier; and                                                                                                (H) A detailed                                     justification of the reason for use of                                     foreign construction materials cited in                                     accordance with paragraph (b)(4) of this                                     clause.                                                                                                                                         (ii) A request based on                               unreasonable cost shall include a reasonable                               survey of the market and a completed cost                               comparison table in the format in paragraph (d) of                               this clause.                                                                              (iii) The cost of                               construction material shall include all delivery                               costs to the construction site and any applicable                               duty.                                                                              (iv) Any Contractor                               request for a determination submitted after                               contract award shall explain why the Contractor                               could not reasonably foresee the need for such                               determination and could not have requested the                               determination before contract award. If the                               Contractor does not submit a satisfactory                               explanation, the Contracting Officer need not make                               a determination.                                                                                                           (2) If the Government                         determines after contract award that an exception to                         section 1605 of the Recovery Act or the Buy American                         statute applies and the Contracting Officer and the                         Contractor negotiate adequate consideration, the                         Contracting Officer will modify the contract to allow                         use of the foreign construction material. However, when                         the basis for the exception is the unreasonable cost of                         a domestic construction material, adequate consideration                         is not less than the differential established in                         paragraph (b)(4)(i) of this clause.                                                            (3) Unless the Government                         determines that an exception to section 1605 of the                         Recovery Act or the Buy American statute applies, use of                         foreign construction material is noncompliant with                         section 1605 of the American Recovery and Reinvestment                         Act or the Buy American statute.                                                                             (d)                   *Data*. To permit evaluation of                   requests under paragraph (c) of this clause based on                   unreasonable cost, the Contractor shall include the following                   information and any applicable supporting data based on the                   survey of suppliers:                Foreign and Domestic                               Construction Materials Cost ComparisonConstruction Material                               Description                            Unit of Measure                            Quantity                            Cost (Dollars)**Item 1*:Foreign construction                                  material                            ________                            ________                            ________Domestic construction                                  material                            ________                            ________                            ________*Item 2*:Foreign construction                                  material                            ________                            ________                            ________Domestic construction                                  material                            ________                            ________                            ________[*List name, address,                                  telephone number, and contact for suppliers                                  surveyed. Attach copy of response; if oral,                                  attach summary*.]                               [*Include other                                  applicable supporting information*.]                               [* *Include all                                  delivery costs to the construction                                  site*.]                                 (End of clause)    **Parent topic:**  52.225 [Reserved]
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