# 48 CFR § 25.201: 25.201 Policy

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-48-25.201

## Section

- **Citation:** 48 CFR § 25.201
- **Heading:** 25.201 Policy
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 48—Federal Acquisition Regulations System > CHAPTER 1—FEDERAL ACQUISITION REGULATION > SUBCHAPTER D—SOCIOECONOMIC PROGRAMS > PART 25—FOREIGN ACQUISITION > Subpart 25.2—Buy American—Construction Materials

## Text

(a) Except as provided in 25.202, use only domestic construction materials in construction contracts performed in the United States.
(b) The Buy American statute restricts the purchase of construction materials that are not domestic construction materials. For manufactured construction materials, the Buy American statute, E.O. 13881, and E.O. 14005 use a two-part test to define domestic construction materials.
(1) The article must be manufactured in the United States; and
(2)(i) Except for construction material that consists wholly or predominantly of iron or steel or a combination of both, the cost of domestic components must exceed 60 percent of the cost of all the components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029, but see paragraph (c) of this section.
In accordance with 41 U.S.C. 1907, this domestic content test of the Buy American statute has been waived for acquisitions of COTS items (see 12.505(a)).
(ii) For construction material that consists wholly or predominantly of iron or steel or a combination of both, the cost of foreign iron and steel must constitute less than 5 percent of the cost of all the components used in such construction material (see the definition of “foreign iron and steel” at 25.003). The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. This domestic content test of the Buy American statute has not been waived for acquisitions of COTS items in this category, except for COTS fasteners.
(c)(1) A contract with a period of performance that spans the schedule of domestic content threshold increases specified in paragraph (b)(2)(i) of this section shall be required to comply with each increased threshold for the items in the year of delivery, unless the senior procurement executive of the contracting agency allows for application of an alternate domestic content test for that contract under which the domestic content threshold in effect at time of contract award will apply to the entire period of performance for the contract. This authority is not delegable. The senior procurement executive shall consult the Office of Management and Budget's Made in America Office before allowing the use of the alternate domestic content test.
(2) When a senior procurement executive allows for application of an alternate domestic content test for a contract, see 25.1102(a)(3) or (c)(4) for use of the appropriate Alternate clause to reflect the domestic content threshold that will apply to the entire period of performance for that contract.
[86 FR 6187, Jan. 19, 2021, as amended at 87 FR 12792, Mar. 7, 2022]

## Nearby sections

- [48 CFR § 25.100 25.100 Scope of subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.100.md)
- [48 CFR § 25.101 25.101 General.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.101.md)
- [48 CFR § 25.102 25.102 Policy.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.102.md)
- [48 CFR § 25.103 25.103 Exceptions.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.103.md)
- [48 CFR § 25.104 25.104 Nonavailable articles.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.104.md)
- [48 CFR § 25.105 25.105 Critical components and critical items.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.105.md)
- [48 CFR § 25.106 25.106 Determining reasonableness of cost.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.106.md)
- [48 CFR § 25.200 25.200 Scope of subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.200.md)
- [48 CFR § 25.201 25.201 Policy.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.201.md)
- [48 CFR § 25.202 25.202 Exceptions.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.202.md)
- [48 CFR § 25.203 25.203 Preaward determinations.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.203.md)
- [48 CFR § 25.204 25.204 Evaluating offers of foreign construction material.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.204.md)
- [48 CFR § 25.205 25.205 Postaward determinations.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.205.md)
- [48 CFR § 25.206 25.206 Noncompliance.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.206.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-48-25.201. Check the current official text before relying on it. Not legal advice.
