AAWSAP Solicitation and Original Order, September 2008

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(2) In the case of a construction material that consists in whole or in part of materials from
another country, has been substantiall y transformed i n a WTO GPA country i nto a new and different
constructi on material distinct f rom the materials from which it was t ransformed .
(1 ) Is wholly t he growth , product , or manufacture of a l east developed country; or
(2) In the case of a const r ucti on material that consists in whole or in part of materi als from
another country, has
been substantially transformed in a l east developed country into a new and
diff erent construction mater ial distinct from the materials from which it was t ransformed.
"United States" means the 50 States, the District of Columbia,
and outlyi ng areas .
"WTO GPA count r y construction mater ial" means a constr ucti on
material that-­
(1 ) Is wholly t he growt h, product , or manufacture of a WTO GPA country; or
(b) "Construction materials . "
(1 ) This clause impl ements the Buy American Act (41 U. S. C. 10a-10d) by providing a preference
for domestic construction material . In addition, the Contracti ng Offi cer has determine d that the
WTO GPA and Free Trade Agreements (FTAs) appl y to this acquisition . Theref ore, the Buy American Act
restrictions are waived for designated country construction materials .
(2 ) The Contractor shall use only domesti c or desi gnated country construction material in
performing this contract, except as provided i n paragraphs (b ) (3 ) and
(b ) (4) of this clause .
(3) The requirement in paragraph (b) (2) of this clause does not apply to the construction
materials or components listed by the Government as follows :
(4 ) The Cont racting Offi cer may add other foreign constructi on material to the l ist in paragraph
(bl ( 3 ) of this clause if t he Government determines that-­
(i) The cost of domestic construction material would be
unreasonabl e . The cost of a parti cular
domestic construction material s ubject to the restrictions of the Buy American Act is unreasonable
when t he cost of such
material e xceeds the cost of foreign material by more than 6 percent;
(c ) "Request for determination of inapplicabil ity of the Buy
American Act . "
(ii) The applicati on of the restriction of the Buy American Act to a parti cul ar constructi on
material would be
impracti cabl e or i nconsi s t ent with the public i nterest; or
(iii ) The construction material is not mined, produced, or manufactured i n t he United States in
s uffici e nt and reasonably available commercial quantities of a
satisfactory quali ty .
(1)
(i) Any Contractor request to use foreign construction
materi al in accordance with paragraph
(b ) ( 4 ) of this clause shall i nclude adequate information for
Government evaluation of the request ,
i ncluding-­
(A) A description of the foreign and domestic constructi on materials ;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or avai l abi lity;
(F) Location of the construction project ;
(G) Name and address of t he proposed s uppli er; and
(H) A detail e d justification of the reason for use of foreign construction material s cited in
accordance with paragraph (b) (3) of this clause .
(ii ) A request based on unreasonable cost shal l include
a reasonable survey of the market and a
compl eted pri ce comparison table i n the format i n paragraph (d ) of this clause .
(iii ) The price of construction material shall i nclude all delivery costs to the construction
site a nd any applicabl e duty (whether or not a duty-free certificate may be i ssued).
(3 ) Unless the Gover nment de t ermines that an excepti on to t he Buy American Act applies, use of
foreign constr uction
material is noncompliant with the Buy American Act .
(d) "Data . " To permit evaluation of requests under paragraph (c )
of this clause based on
unreasonabl e cost, the Contractor shall
i ncl ude t he following information and any applicable
supporting data based on the survey of suppliers :
Foreign and Domestic Construction Materials Price Comparison
Construction
Unit of
Quantity
Price
Mater i al
Measure
(Doll ars) +
Description
Item 1 :
Foreign constructi on
mater ial
Domestic construction
ma t erial
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