52.225-10 Notice of Buy American

Requirement-Construction Materials.

As prescribed in 25.1102(b)(1), insert the following provision:

Notice of Buy American Requirement-Construction Materials (May 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material,"

"domestic construction material," and "foreign construction material," as used in this provision, are

defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal

Acquisition Regulation (FAR) clause 52.225-9).

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

the inapplicability of 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 the clause at FAR

52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability

of 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) The Government will evaluate an offer requesting exception to the requirements of the Buy

American statute, based on claimed unreasonable cost of domestic construction material, by adding

to the offered price the appropriate percentage of the cost of such foreign construction material, as

specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign

construction material based on unreasonable cost and an offeror that did not request an exception,

the Contracting Officer will award to the offeror that did not request an exception based on

unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this

solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an

alternate offer based on use of equivalent domestic 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 price comparison table prepared in accordance with paragraphs (c)

and (d) of the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those

offers based on use of the equivalent domestic construction material, and the offeror shall be

required to furnish such domestic 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 (b)(2), substitute the following paragraph (b) for

paragraph (b) of the basic provision:

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

the inapplicability of 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 the clause at FAR

52.225-9.

Parent topic: 52.225 [Reserved]