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characteristics) of the item must also be set forth in sufficient detail to
establish the basis upon which the equality of nonlisted products will be
Buy American Act
The Buy American Act requires that only "domestic construction materials" be
specified for construction within the United States.  A "construction
material" means articles, materials, and supplies brought to the construction
site for incorporation into the building or work.  Construction materials may
be composed of "components" which are defined as articles, materials and
supplies incorporated directly into construction materials prior to delivery
to the jobsite.  A "domestic construction material" is defined as (1) an
unmanufactured construction material mined or produced in the United States,
or (2) a construction material manufactured in the United States, if the cost
of its components mined, produced, or manufactured in the United States
exceeds fifty (50) percent of the cost of all its components.  Generally, use
of the NFGS sections (or other specification sections provided by NORTHDIV)
will assure that products readily available and manufactured in the United
States are specified for the design.  Where project requirements indicate the
need for the A/E to specifically prepare specification sections for certain
products which are not covered by existing NFGS sections, the A/E shall apply
the specified requirements of the Buy American Act to such designs and
specification sections.  Specifically, in order for a construction material to
be considered domestic, it must:
a)  Be manufactured in the United States or, in the case of
unmanufactured construction materials, be mined or produced in the United
b)  The cost of its domestic components must exceed 50% of the cost of
all its components.  The cost of components includes only the cost incurred by
the manufacturer for the procurement of each component, including duties and
transportation to the place of assembly, but does not include the cost of
assembling components into the construction material, i.e., the cost of labor
to manufacture the construction material is not included.
Further explanation of the Buy American Act will be provided at the
Specifications Briefing.
Experience Clauses and Prequalification Requirements
Experience clauses shall not be included in the technical sections of the
project specifications unless such clauses are existing in the NFGS sections
or unless written approval is obtained from the Contracting Officer.  Should
the A/E desire to add an experience clause, for either contractor or equipment
experience, he must provide full justification in writing to the DM in time to
allow for processing and a decision before the final submission.
The same restrictions apply to construction contractor prequalification
statements.  Projects which utilize conventional construction methods and
materials in general should not be restricted with respect to bidders,
building systems, or materials.  Occasionally, however, a project is unique in
nature or has special circumstances which dictate the use of unconventional
methods.  For these projects the A/E shall justify the need for such unique
construction or state-of-the-art procurements in writing to the DM.  This
documentation shall include a description of the unique features, the reasons
for the uniqueness, and a description of the prequalification and experience
requirements necessary to adequately construct these features.
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