52.225-24 Notice of 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 provision:

Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American StatuteConstruction Materials Under Trade Agreements (Jan 2021)

(a) Definitions. "Construction material," "domestic construction material," "foreign construction

material," "manufactured construction material," "Recovery Act designated country construction

material," "steel," and "unmanufactured construction material," as used in this provision, are defined

in the clause of this solicitation entitled "Required Use of Iron, Steel, and Manufactured Goods-Buy

American statute-Construction Materials Under Trade Agreements" (Federal Acquisition Regulation

(FAR) clause 52.225-23).

(b) Requests for determination of inapplicability. An Offeror requesting a determination regarding

the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L.

111-5) (Recovery Act) or the Buy American statute should submit the request to the Contracting

Officer in time to allow a determination before submission of offers. The Offeror shall include the

information and applicable supporting data required by paragraphs (c) and (d) of FAR clause

52.225-23 in the request. If an Offeror has not requested a determination regarding the

inapplicability of section 1605 of the Recovery Act or the Buy American statute before submitting its

offer, or has not received a response to a previous request, the Offeror shall include the information

and supporting data in the offer.

(c) Evaluation of offers.

(1) If the Government determines that an exception based on unreasonable cost of domestic

construction material applies in accordance with FAR 25.604, the Government will evaluate an offer

requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American

statute by adding to the offered price of the contract-

(i) 25 percent of the offered price of the contract, if foreign manufactured construction material is

included in the offer based on an exception for the unreasonable cost of comparable manufactured

domestic construction material; and

(ii) 20 percent of the cost of foreign unmanufactured construction material included in the offer

based on an exception for the unreasonable cost of comparable domestic unmanufactured

construction material.

(2) If the solicitation specifies award on the basis of factors in addition to cost or price, the

Contracting Officer will apply the evaluation factors as specified in paragraph (c)(1) of this provision

and use the evaluated cost or price in determining the offer that represents the best value to the

Government.
(3) Unless paragraph (c)(2) of this provision applies, if two or more offers are equal in price, the

Contracting Officer will 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.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than Recovery Act designated

country construction material, that is not listed by the Government in this solicitation in paragraph

(b)(3) of FAR clause 52.225-23, the Offeror also may submit an alternate offer based on use of

equivalent domestic or Recovery Act designated country construction material.

(2) If an alternate offer is submitted, the Offeror shall submit a separate Standard Form 1442 for the

alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c)

and (d) of FAR clause 52.225-23 for the offer that is based on the use of any foreign construction

material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with

paragraph (c) of FAR clause 52.225-23 does not apply, the Government will evaluate only those

offers based on use of the equivalent domestic or Recovery Act designated country construction

material, and the Offeror shall be required to furnish such domestic or Recovery Act designated

country construction material. An offer based on use of the foreign construction material for which

an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

Alternate I (May 2014). As prescribed in 25.1102 (e), substitute the following paragraph (b) for

paragraph (b) of the basic provision:

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding

the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L.

111-5) (Recovery Act) or the Buy American statute shall submit the request with its offer, including

the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause

52.225-23.

Alternate II (Nov 2023) . As prescribed in 25.1102 (e), add the definition of "Bahraini, Mexican, or

Omani construction material" to paragraph (a) and substitute the following paragraph (d) for

paragraph (d) of the basic provision:

(d) Alternate offers. (1) When an offer includes foreign construction material, except foreign

construction material from a Recovery Act designated country other than Bahrain, Mexico, or Oman

that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-23,

the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act

designated country construction material other than Bahraini, Mexican, or Omani construction

material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the

alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c)
and (d) of FAR clause 52.225-23 for the offer that is based on the use of any foreign construction

material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with

paragraph (c) of FAR clause 52.225-23 does not apply, the Government will evaluate only those

offers based on use of the equivalent domestic or Recovery Act designated country construction

material other than Bahraini, Mexican, or Omani construction material. An offer based on use of the

foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

Parent topic: 52.225 [Reserved]