Common use of Domestic Preference Clause in Contracts

Domestic Preference. (i) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(ii) and (b)(iii) of this clause. (ii) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: _NONE [Contracting Officer to list applicable excepted materials or indicate “none”] (iii) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(ii) of this clause if the Government determines that 1. The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; 2. The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or 3. The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

Domestic Preference. (i) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(iib)(2) and (b)(iiib)(3) of this clause. (ii) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: _NONE [Contracting Officer to list applicable excepted materials or indicate “none”] (iii) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(iib)(2) of this clause if the Government determines that 1. The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; 2. The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or 3. The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.