52.225-22 Notice of Required Use of

American Iron, Steel, and Manufactured

Goods-Buy American Statute-Construction

Materials.

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 (Jan 2021)

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

material," "manufacturedconstructionmaterial," "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" (Federal

Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations 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 the clause at FAR

52.225-21 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

incorporated in the offer based on an exception for 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 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 of comparable

domestic construction material.

(d) Alternate offers.

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

solicitation in paragraph (b)(3) of the clause at FAR 52.225-21, 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 cost comparison table prepared in accordance with paragraphs (c)

and (d) of the clause at FAR 52.225-21 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 52.225-21 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 (e), 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 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 the clause at

FAR 52.225-21.

Parent topic: 52.225 [Reserved]