FAR 25.600—Scope of subpart.
Plain-English Summary
FAR 25.600 defines the scope of Subpart 25.6 and tells readers when its special domestic-preference rules apply to construction materials. It explains that the subpart implements section 1605 of Division A of the American Recovery and Reinvestment Act of 2009 (Recovery Act) for manufactured construction material, and it applies the Buy American statute, 41 U.S.C. chapter 83, to unmanufactured construction material. In practical terms, this means the subpart is not a general Buy American rule for all construction work; it is a Recovery Act-specific framework that governs construction projects funded with Recovery Act appropriations or other Recovery Act-provided funds. The section matters because it identifies the legal source of the requirements, distinguishes between manufactured and unmanufactured construction material, and limits the subpart’s reach to covered Recovery Act-funded projects. Contractors and contracting officers must use this scope statement to determine whether the special sourcing, evaluation, and compliance rules in the subpart apply before making material sourcing decisions or award determinations.
Key Rules
Recovery Act implementation
This subpart implements section 1605 of the Recovery Act for manufactured construction material. That means the subpart’s special domestic-preference requirements are tied to Recovery Act funding and are not a standalone rule for all federal construction contracts.
Buy American for unmanufactured material
For unmanufactured construction material, the subpart relies on the Buy American statute, 41 U.S.C. chapter 83. The section therefore separates the legal basis for manufactured versus unmanufactured construction materials.
Applies to Recovery Act-funded projects
The subpart applies only to construction projects that use funds appropriated or otherwise provided by the Recovery Act. If a project is not funded with Recovery Act money, this scope section does not itself trigger the subpart’s requirements.
Construction material focus
The scope is limited to construction projects and the construction materials used on those projects. It does not address unrelated supplies or services except to the extent they are part of the construction material analysis under the subpart.
Material-type distinction matters
The section makes clear that manufactured and unmanufactured construction materials are treated under different legal authorities. Correctly classifying the material is essential because the applicable rule source changes depending on the material type.
Responsibilities
Contracting Officer
Determine whether the construction project is funded with Recovery Act money and whether Subpart 25.6 applies. The contracting officer must also identify whether the material at issue is manufactured or unmanufactured so the correct statutory framework is used.
Contractor
Review the funding source and material classification before sourcing or proposing construction materials. The contractor must ensure its supply decisions and compliance approach align with the Recovery Act-based scope of the subpart when the project is covered.
Agency
Track whether construction projects are funded by Recovery Act appropriations or other Recovery Act-provided funds and apply the subpart only to those covered projects. The agency must support proper implementation of the applicable domestic-preference rules in solicitations and awards.
Practical Implications
Before applying any domestic-preference rule in this subpart, confirm the project is actually funded by Recovery Act money; scope errors can lead to using the wrong compliance standard.
The manufactured/unmanufactured distinction is critical. Misclassifying a material can cause the wrong statute or requirement to be applied.
This section is a gateway provision: it does not itself impose detailed sourcing procedures, but it tells you when the rest of the subpart matters.
Contracting officers should document the funding basis and material classification early, because those determinations drive solicitation language, evaluation, and compliance review.
Contractors should not assume all construction contracts are covered; only Recovery Act-funded projects fall within this subpart’s stated scope.
Official Regulatory Text
This subpart implements section 1605 in Division A of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) with regard to manufactured construction material and the 41 U.S.C. chapter 83 , Buy American (referred to in this subpart as the Buy American statute) with regard to unmanufactured construction material. It applies to construction projects that use funds appropriated or otherwise provided by the Recovery Act.