52.225-12 Notice of Buy American

Requirement-Construction Materials Under

Trade Agreements.

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

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

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

"designated country 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 Under Trade Agreements" (Federal Acquisition Regulation

(FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause

52.225-11 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 materials, by adding

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

specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction

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

52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or

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 price comparison table prepared in accordance with paragraphs (c)

and (d) of FAR clause 52.225-11 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 FARclause 52.225-11 does not apply, the Government will evaluate only those offers

based on use of the equivalent domestic or designated country construction material, and the offeror

shall be required to furnish such domestic or 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 (d)(2), 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 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

52.225-11.

Alternate II (Nov 2023). As prescribed in 25.1102 (d)(3), 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 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 52.225-11, the offeror

also may submit an alternate offer based on use of equivalent domestic or 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 price comparison table prepared in accordance with paragraphs (c)

and (d) of FAR clause 52.225-11 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 52.225-11 does not apply, the Government will evaluate only those

offers based on use of the equivalent domestic or 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]