25.204 Evaluating offers of foreign

construction material.

(a) Offerors proposing to use foreign construction material other than that listed by the Government

in the applicable clause at 52.225-9, paragraph (b)(2), or 52.225-11, paragraph (b)(3), or covered by

the WTO GPA or a Free Trade Agreement (paragraph (b)(2) of 52.225-11), must provide the

information required by paragraphs (c) and (d) of the respective clauses.

(b)

(1) For construction material that is not a critical item and does not contain critical components.

(i) Unless the head of the agency specifies a higher percentage, the contracting officer shall add to

the offered price 20 percent of the cost of any foreign construction material proposed for exception

from the requirements of the Buy American statute based on the unreasonable cost of domestic

construction materials. In the case of a tie, the contracting officer shall 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.

(ii) For construction material that is not a COTS item and does not consist wholly or predominantly

of iron or steel or a combination of both, if the procedures in paragraph (b)(1)(i) of this section result

in an unreasonable cost determination for the domestic construction material offer or there is no

domestic construction material offer received, and the low offer is for foreign construction material

that does not exceed 55 percent domestic content, the contracting officer shall—

(A) Treat the lowest offer of foreign construction material that is manufactured in the United States

and exceeds 55 percent domestic content as a domestic offer; and

(B) Determine the reasonableness of the cost of this offer by applying the evaluation factor listed in

paragraph (b)(1)(i) to the low offer.

(iii) The procedures in paragraph (b)(1)(ii) of this section will no longer apply as of January 1, 2030.

(2) For construction material that is a critical item or contains critical components.

(i) The contracting officer shall add to the offered price 20 percent, plus the additional preference

factor identified for the critical item or construction material containing critical components listed at

section 25.105, of the cost of any foreign construction material proposed for exception from the

requirements of the Buy American statute based on the unreasonable cost of domestic construction

materials. In the case of a tie, the contracting officer shall 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. See 25.105 for the list of critical components and critical items.

(ii) For construction material that is not a COTS item and does not consist wholly or predominantly

of iron or steel or a combination of both, if the procedures in paragraph (b)(2)(i) of this section result

in an unreasonable cost determination for the domestic construction material offer or there is no

domestic construction material offer received, and the low offer is for foreign construction material

that does not exceed 55 percent domestic content, the contracting officer shall—

(A) Treat the lowest offer of foreign construction material that is manufactured in the United States
and exceeds 55 percent domestic content as a domestic offer; and

(B) Determine the reasonableness of the cost of this offer by applying the evaluation factors listed in

this paragraph (b)(2) to the low offer.

(iii) The procedures in paragraph (b)(2)(ii) of this section will no longer apply as of January 1, 2030.

(c) Offerors also may submit alternate offers based on use of equivalent domestic construction

material to avoid possible rejection of the entire offer if the Government determines that an

exception permitting use of a particular foreign construction material does not apply.

(d) If the contracting officer awards a contract to an offeror that proposed foreign construction

material not listed in the applicable clause in the solicitation (paragraph (b)(2) of 52.225-9, or

paragraph (b)(3) of 52.225-11), the contracting officer must add the excepted materials to the list in

the contract clause.

Parent topic: Subpart 25.2 - Buy American-Construction Materials