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The procedures in this part apply to all construction contracts. For the purposes of this practice, the following definitions apply:
- Construction material components are articles, materials, and supplies incorporated directly into construction materials.
- Construction materials are articles, materials, and supplies brought to the construction site by the supplier or a subcontractor for incorporation into the building or work.
- Domestic construction material is (1) an unmanufactured construction material mined or produced in the U.S., or (2) a construction material manufactured in the U.S., if the cost of its components mined, produced, or manufactured in the U.S. exceeds 50 percent of the cost of all its components. The cost of each component includes transportation costs to the place of incorporation into the construction material and any applicable duty (whether or not a duty-free entry certificate is issued). Components of foreign origin of the same class or kind as those listed in Section 2-36.9, Non-Available Products, are treated as domestic.
- Foreign construction material is a construction material other than a domestic construction material.
Only domestic construction materials may be used in construction, except:
Provision 1-3: Domestic Source Certificate — Construction Materials must be included within solicitations when an RFP includes the purchase of construction materials; and, Clause 1-10: Preference for Domestic Construction Materials must be included or incorporated by reference in Clause 4-2: Contract Terms and Conditions Required to Implement Policies, Statutes or Executive Orders when the contract calls for the purchase of construction materials. Any deviations or exceptions must be authorized in accordance with 7-6, Deviations.
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