25.1102 Acquisition of construction.

When using funds other than those appropriated under the American Recovery and Reinvestment

Act of 2009 (Pub. L. 111-5) (Recovery Act), follow the prescriptions in paragraphs (a) through (d) of

this section. Otherwise, follow the prescription in paragraph (e).

(a) Insert the clause at 52.225-9, Buy American-Construction Materials, in solicitations and contracts

for construction that is performed in the United States valued at less than $6,708,000.

(1) List in paragraph (b)(2) of the clause all foreign construction material excepted from the

requirements of the Buy American statute.

(2) If the head of the agency determines that a higher percentage is appropriate, substitute the

higher evaluation percentage in paragraph (b)(3)(i) of the clause.

(3) The contracting officer shall use the clause with its Alternate I to reflect the domestic content

threshold that will apply to the entire period of performance, when the senior procurement

executive allows for application of an alternate domestic content test for the contract in accordance

with 25.201(c). For contracts that the contracting officer estimates will be awarded in calendar year

2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of

“domestic construction material.” For contracts that the contracting officer estimates will be

awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”.

For contracts that the contracting officer estimates will be awarded after calendar year 2028 the

contracting officer shall insert “75”.

(b)

(1) Insert the provision at 52.225-10, Notice of Buy American Requirement-Construction Materials,

in solicitations containing the clause at 52.225-9.

(2) If insufficient time is available to process a determination regarding the inapplicability of the Buy

American statute before receipt of offers, use the provision with its Alternate I.

(c) Insert the clause at 52.225-11, Buy American-Construction Materials under Trade Agreements, in

solicitations and contracts for construction that is performed in the United States valued at

$6,708,000 or more.

(1) List in paragraph (b)(3) of the clause all foreign construction material excepted from the

requirements of the Buy American statute, other than designated country construction material.

(2) If the head of the agency determines that a higher percentage is appropriate, substitute the

higher evaluation percentage in paragraph (b)(4)(i) of the clause.

(3) For acquisitions valued at $6,708,000 or more, but less than $13,296,489, use the clause with its

Alternate I. List in paragraph (b)(3) of the clause all foreign construction material excepted from the

requirements of the Buy American statute, unless the excepted foreign construction material is from

a designated country other than Bahrain, Mexico, and Oman.

(4) The contracting officer shall use the clause with its Alternate II to reflect the domestic content

threshold that will apply to the entire period of performance, when the senior procurement
executive allows for application of an alternate domestic content test for the contract in accordance

with 25.201(c). For contracts that the contracting officer estimates will be awarded in calendar year

2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of

“domestic construction material.” For contracts that the contracting officer estimates will be

awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”.

For contracts that the contracting officer estimates will be awarded after calendar year 2028 the

contracting officer shall insert “75”.

(d)

(1) Insert the provision at 52.225-12, Notice of Buy American Requirement-Construction Materials

under Trade Agreements, in solicitations containing the clause at 52.225-11.

(2) If insufficient time is available to process a determination regarding the inapplicability of the Buy

American statute before receipt of offers, use the provision with its Alternate I.

(3) For acquisitions valued at $6,708,000 or more, but less than $13,296,489, use the provision with

its Alternate II.

(e)

(1) When using funds appropriated under the Recovery Act for construction, use provisions and

clauses 52.225-21, 52.225-22, 52.225-23, or 52.225-24 (with appropriate Alternates) in lieu of the

provisions and clauses 52.225-9, 52.225-10, 52.225-11, or 52.225-12 (with appropriate Alternates),

respectively, that would be applicable as prescribed in paragraphs (a) through (d) of this section if

Recovery Act funds were not used.

(2) If these Recovery Act provisions and clauses are only applicable to a project consisting of certain

line items in the contract, identify in the schedule the line items to which the provisions and clauses

apply.

(3) When using clause 52.225-23, list foreign construction material in paragraph (b)(3) of the clause

as follows:

(i) Basic clause. List all foreign construction materials excepted from the Buy American statute or

section 1605 of the Recovery Act, other than manufactured construction material from a Recovery

Act designated country or unmanufactured construction material from a designated country.

(ii) Alternate I. List in paragraph (b)(3) of the clause all foreign construction material excepted from

the Buy American statute or section 1605 of the Recovery Act, other than-

(A) Manufactured construction material from a Recovery Act designated country other than Bahrain,

Mexico, or Oman; or

(B) Unmanufactured construction material from a designated country other than Bahrain, Mexico, or

Oman.

Parent topic: Subpart 25.11 - Solicitation Provisions and Contract Clauses