Overview
This subpart outlines the implementation of the Buy American statute and associated Executive Orders specifically for federal construction contracts within the United States. It establishes the regulatory framework for domestic preference requirements regarding materials used in the construction, alteration, or repair of public buildings and works.
Key Rules
- Legal Authorities: Implements 41 U.S.C. chapter 83 (Buy American) and Executive Orders 10582, 13881, and 14005.
- Applicability: Applies strictly to contracts for construction, alteration, or repair of public buildings or public works located within the United States.
- COTS Item Waiver: Provides a waiver of the domestic content test for Commercially Available Off-the-Shelf (COTS) items, subject to specific exceptions in FAR 25.201(b)(2)(ii).
- Recovery Act Exception: Directs users to subpart 25.6 instead of this subpart when projects are funded by the American Recovery and Reinvestment Act of 2009.
Practical Implications
- Compliance Sourcing: Contractors performing federal construction work in the U.S. must ensure their construction materials meet the specific domestic preference thresholds established by the Buy American statute and recent Executive Orders.
- Streamlined Procurement for COTS: The waiver for COTS items simplifies the procurement process for contractors by removing the need to track the specific percentage of domestic components in standard commercial products used at construction sites.