52.225-23 Required Use of American Iron,

Steel, and Manufactured Goods-Buy

American Statute-Construction Materials

under Trade Agreements.

As prescribed in 25.1102(e), insert the following clause:

Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction

Materials under Trade Agreements (Nov 2023)

(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 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

lifes afety 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.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia,

Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark,

Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy,

Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova,

Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania,

Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United

Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica,

Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco,

Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso,

Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo,

Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos,

Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda,

Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan,

Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire,

British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St.

Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad

and Tobago).
Designated country construction material means a construction material that is a WTO GPA country

construction material, an FTA country construction material, a least developed country construction

material, or a Caribbean Basin country construction material.

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.

Free trade agreement (FTA) country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of an FTA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another

country, has been substantially transformed in an FTA country into a new and different construction

material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another

country, has been substantially transformed in a least developed country into a new and different

construction material distinct from the materials from which it was transformed.

Manufactured construction material means any construction material that is not unmanufactured

construction material.

Nondesignated country means a country other than the United States or a designated country.

Recovery Act designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia,

Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark,

Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy,

Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova,

Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak

Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement country (FTA) (Australia, Bahrain, Chile, Colombia, Costa Rica,

Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco,

Nicaragua, Oman, Panama, Peru, or Singapore); or

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso,

Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo,

Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos,
Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda,

Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan,

Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia).

Recovery Act designated country construction material means a construction material that is a WTO

GPA country construction material, an FTA country construction material, or a least developed

country 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.

WTO GPA country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another

country, has been substantially transformed in a WTO GPA country into a new and different

construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) The restrictions of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L.

111-5) (Recovery Act) do not apply to Recovery Act designated country manufactured construction

material. The restrictions of the Buy American statute do not apply to designated country

unmanufactured construction material. Consistent with U.S. obligations under international

agreements, this clause implements-

(i) Section 1605 of the Recovery Act 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) The Buy American statute by providing a preference for unmanufactured construction material

mined or produced in the United States over unmanufactured construction material mined or

produced in a nondesignated country.

(2) The Contractor shall use only domestic construction material, Recovery Act designated country

manufactured construction material, or designated country unmanufactured construction material in

performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.
(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials 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 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 is unreasonable when the cumulative

cost of such material, when compared to the cost of comparable foreign manufactured construction

material, other than Recovery Act designated country construction material, will increase the overall

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, other

than designated country 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 commercial quantities of a satisfactory quality; or

(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 other than manufactured

construction material from a Recovery Act designated country or unmanufactured construction

material from a designated country is noncompliant with the applicable 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 (Nondesignated Country) and Domestic Construction Materials Cost Comparison

Construction Material

Description

Unit of

Measure Quantity Cost (Dollars)*

Item 1:

Foreign construction

material ________ ________ ________

Domestic construction

material ________ ________ ________

Item 2:

Foreign construction

material ________ ________ ________
Construction Material

Description

Unit of

Measure Quantity Cost (Dollars)*

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)

Alternate I (Nov 2023) . As prescribed in 25.1102 (e), add the following definition of "Bahraini,

Mexican, or Omani construction material" to paragraph (a) of the basic clause, and substitute the

following paragraphs (b)(1) and (b)(2) for paragraphs (b)(1) and (b)(2) of the basic clause:

Bahraini, Mexican, or Omani construction material means a construction material that-

(1)(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico, or Oman; or

(2)(2) In the case of a construction material that consists in whole or in part of materials from

another country, has been substantially transformed in Bahrain, Mexico, or Oman into a new and

different construction material distinct from the materials from which it was transformed.

(b) Construction materials. (1) The restrictions of section 1605 of the American Recovery and

Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) do not apply to Recovery Act designated

country manufactured construction material. The restrictions of the Buy American statute do not

apply to designated country unmanufactured construction material. Consistent with U.S. obligations

under international agreements, this clause implements-

(i) Section 1605 of the Recovery Act, 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) The Buy American statute by providing a preference for unmanufactured construction material

mined or produced in the United States over unmanufactured construction material mined or

produced in a nondesignated country.

(2) The Contractor shall use only domestic construction material, Recovery Act designated country

manufactured construction material, or designated country unmanufactured construction material,

other than Bahraini, Mexican, or Omani construction material, in performing this contract, except as

provided in paragraphs (b)(3) and (b)(4) of this clause.

Parent topic: 52.225 [Reserved]