Overview
This section establishes the foundational vocabulary for FAR Subpart 25.6, specifically defining the criteria for domestic and foreign construction materials and the scope of projects classified as public works under the Buy American statute and the American Recovery and Reinvestment Act.
Key Rules
- Domestic Construction Material: Defined by two categories: (1) unmanufactured materials mined or produced in the U.S., and (2) manufactured materials where the manufacturing occurs in the U.S. and any iron or steel components are produced domestically.
- Public Building or Public Work: Broadly defined to include any construction, repair, or maintenance project funded or authorized by a Federal agency to serve the general public, regardless of whether the government holds the title to the property.
- Unmanufactured vs. Manufactured: Materials are "unmanufactured" only if they arrive at the site as raw materials without being processed into a specific shape or combined with other materials to change their properties; all other materials are "manufactured."
- Recovery Act Designated Country: Identifies specific trade partners, including WTO Government Procurement Agreement countries, Free Trade Agreement countries, and least developed countries, for the purpose of trade agreement compliance.
- Foreign Construction Material: A residual category encompassing any construction material that does not meet the strict definitions of a domestic construction material.
Practical Implications
- Contractors must conduct rigorous supply chain audits for manufactured goods, as the presence of even small amounts of foreign iron or steel in a predominantly iron/steel product can disqualify it as a domestic construction material.
- The expansive definition of "public work" means that Buy American restrictions apply to a vast array of infrastructure projects, including municipal utilities, transportation hubs, and environmental systems, provided Federal funding or authority is involved.