AAWSAP Solicitation and Original Order, September 2008

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(End of Provision)
I . 54
52 . 225- 11
BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2007)
(a ) Definitions . As used in t his clause-­
"Caribbean Basin count ry construction material" means a
construction material that -­
(1 ) Is wholly t he growth, product , or manufacture of a
Caribbean Basin country; or
(2) In the case of a construction materi a l that consists in whol e or i n part of materials from
another country, has been substantially transformed i n a Caribbean Basin country i nto a new and
different constr uction mater ial disti nct from the materials from which it was t ransformed .
"Component " means an article, material , or supply incorporated directly into a constructi on
materi al .
"Cost of components" means-­
(2 ) For components manufactured by the Contractor, all costs associated with t he manufacture
of the component,
incl uding transportation costs as described in paragraph (1) of thi s defini tion,
plus allocable overhead costs,
but excludi ng profit . Cost of components does not include any costs
associated with the manufacture of the
construction material .
"Construction material " means an article, material , or s upply brought to the construction site by
the Contractor or subcontractor for i ncorporation into t he buildi ng or work . The term also incl udes
an item brought to the site preassembled from articles , materials , or supplies . However, emergency
life safety systems , such as emergency lighting, f ire alarm, and audio
evacuation systems , t ha t
are discrete systems incorporated i nto
a public buildi ng or work and that are produced as complete
systems , are evaluated as a single and distinct construction material regardless of when or how t he
indivi dual parts or
components of t hose systems are delivered to the constructi on
s i te . Materials
purchased directly by the Government are
suppl ies , not construction material .
(1) For components pur chased by t he Contractor, t he
acquisi t ion cost , i ncluding transportation
costs to t he
place of incorporation into the construction material
(whether or not such costs are
pai d to a domestic firm) , and any appli cable duty (whether or not a duty- free entry certif i cat e is
issued); or
"Designated country constr uction material " means a construction
material t hat is a WTO GPA country
construction materi al, an FTA country construction material , a least developed country construction
materi al, or a Caribbean Basin country construction material .
"Designated country" means any of the fol l owing countries :
(1 ) A World Trade Organization Government Procurement
Agreement country (Aruba, Austria, Belgium,
Bul garia, Canada,
Cyprus, Czech Republic, Denmark, Estonia, Fi nland, France, Germany, Greece, Hong
Kong, Hungary, Iceland, Ireland ,
Israel, Italy, Japan , Korea (Republic of), Latvia,
Liechtenstein,
Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portuga l , Romania , Singa pore, Slovak
Republic,
Slovenia, Spain, Sweden, Switzerland, or United Kingdom) ;
(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile,
Dominican Republic, El
Sal vador, Guatemal a , Honduras, Mexi co, Morocco,
Nicaragua, or Singapore) ;
(3 ) A l east developed country (Afghanistan, Angola,
Bangladesh, Benin, Bhutan, Burkina Faso,
Burundi ,
Cambodia, Cape Verde, Central African Republi c , Chad,
Comoros, Democrati c Republic of
Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia,
Guinea, Guinea- Bissau,
Hai t i , Kiri bati, Laos, Lesot ho, Madagascar, Malawi , Mal dives, Mali , Maurit ania,
Mozambique, Nepal,
Niger, Rwanda, Samoa , Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands , Somalia,
Tanzani a, Togo, Tuvalu, Uganda , Vanuatu, Yemen, or
Zambia) ; or
(4 ) A Caribbean Basin country (Antigua and Barbuda, Aruba,
Bahamas , Barbados, Belize, British
Virgin Islands , Costa Rica, Domini ca, Grenada, Guyana, Hai ti, Jamaica, Montserrat ,
Net herlands
Antilles, St . Kitts and Nevis, St . Luci a , St . Vincent and the Grenadines, or Trinidad and
Tobago) .
"Domestic construction materi al" means-­
(1 ) An unmanufactured constructi on material mined or produced in the United States; or
(2 ) A constructi on material manufactured i n t he United States, if the cost of its components
mined, produced, or manufacture d i n t he United States e xceeds 50 percent of the cost of all
its components . Components of foreign origin of t he same class or kind for whi ch nonavailability
determinations have been made are t reated as domestic .
"Foreign construction material" means a construction material other than a domestic construction
material .
"Free Trade Agreement country construction material" means a
construction material that-­
(1 ) Is wholly t he growt h, product , or manufacture of a Free
Trade Agreement (FTA) country; or
(2 ) In the case of a construction material that consists in whole or i n part of materials from
another country, has
been substantially transformed in a FTA country into a
new and different
constructi on mater ial dist i nct f rom the materi als from wh i ch i t was transformed .
"Least developed country construction material" means a
construction material t hat-­
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