FAR 25.200—Scope of subpart.
Plain-English Summary
FAR 25.200 defines the scope of Subpart 25.2, which is the Buy American Act framework for construction contracts. It explains that this subpart implements the statutory Buy American requirements in 41 U.S.C. chapter 83, along with the listed Executive Orders that shape domestic preference policy, and it also recognizes the special statutory waiver for commercially available off-the-shelf (COTS) items under 41 U.S.C. 1907, subject to the cross-reference in 25.201(b)(2)(ii). In practical terms, this section tells contracting personnel and contractors when the Buy American rules in this subpart apply and what legal authorities support them. It specifically applies to contracts for the construction, alteration, or repair of public buildings or public works in the United States, so it is a threshold applicability rule for construction acquisitions. It also directs users to Subpart 25.6 when Recovery Act funds are used for construction, because those procurements have separate domestic preference requirements. This section matters because it determines whether a project is subject to Buy American evaluation, domestic content restrictions, and related waiver or exception analysis before award.
Key Rules
Implements Buy American authorities
This subpart carries out the Buy American statute in 41 U.S.C. chapter 83 and the identified Executive Orders. Those authorities provide the legal basis for preferring domestic end products and materials in covered construction acquisitions.
Applies to U.S. construction work
The subpart applies to contracts for the construction, alteration, or repair of any public building or public work in the United States. If the acquisition is not for this type of work, this subpart does not govern it.
COTS waiver recognized
The section acknowledges the statutory waiver of the domestic content test for COTS items under 41 U.S.C. 1907. However, the waiver is not absolute and must be read together with the cross-reference in 25.201(b)(2)(ii).
Recovery Act construction is separate
When Recovery Act funds are used for construction, the contracting officer must look to Subpart 25.6 instead of relying only on this subpart. That means special Recovery Act domestic preference rules may apply in addition to or instead of the general Buy American construction rules.
Scope is limited to this subpart
This section is a scope provision, so it does not itself set the detailed evaluation procedures or waiver standards. Its function is to identify the legal authorities and the types of acquisitions covered by the rest of Subpart 25.2.
Responsibilities
Contracting Officer
Determine whether the acquisition is for construction, alteration, or repair of a public building or public work in the United States, and therefore subject to this subpart. The contracting officer must also identify whether a COTS item waiver or a Recovery Act rule applies and then follow the correct FAR cross-references.
Contractor
Understand that covered construction contracts may require compliance with Buy American domestic preference requirements and related documentation or certification. The contractor should identify whether proposed materials or products qualify under any applicable waiver or exception.
Agency
Apply the correct domestic preference framework for construction procurements and ensure acquisition planning aligns with the applicable statutory and executive authorities. The agency must also distinguish ordinary construction buys from Recovery Act-funded construction and route those acquisitions to the proper FAR subpart.
Practical Implications
Before issuing a solicitation, the contracting officer must confirm whether the work is covered construction in the United States; misclassifying the requirement can lead to using the wrong domestic preference rules.
The COTS waiver can change how domestic content is evaluated for certain items, but it should not be assumed to eliminate all Buy American requirements without checking the cited exception language.
Recovery Act-funded construction is a common trap: those projects require a separate review under Subpart 25.6, so relying only on Subpart 25.2 can produce noncompliant solicitations.
Contractors should expect domestic preference clauses, material sourcing scrutiny, and possible waiver analysis on covered projects, especially where foreign-sourced components are proposed.
This section is a gateway provision, so its main day-to-day value is helping users choose the correct rule set before award, rather than providing the full substantive test itself.
Official Regulatory Text
(a) This subpart implements- (1) 41 U.S.C. chapter 83 , Buy American; (2) Executive Order 10582, December 17, 1954; (3) Executive Order 13881, July 15, 2019; (4) Executive Order 14005, January 25, 2021; and (5) Waiver of the domestic content test of the Buy American statute for acquisitions of commercially available off-the-shelf (COTS) items in accordance with 41 U.S.C. 1907 , but see 25.201 (b)(2)(ii). (b) It applies to contracts for the construction, alteration, or repair of any public building or public work in the United States. (c) When using funds appropriated or otherwise provided by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) for construction, see subpart 25.6 .