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