FAR 25.601—Definitions.
Plain-English Summary
FAR 25.601 defines the core terms used in Subpart 25.6, which governs domestic preference rules for construction materials. This section explains what counts as domestic construction material, foreign construction material, manufactured construction material, unmanufactured construction material, public building or public work, and Recovery Act designated country. It also ties those definitions to the Buy American statute and, for certain manufactured construction materials, to section 1605 of the Recovery Act. In practice, these definitions determine whether a contractor may use a material, whether a material qualifies for a domestic preference exception, and how contracting officers evaluate compliance on construction contracts. The definition of public building or public work is especially important because it identifies the types of projects covered by these rules, including a broad list of infrastructure and facility types. The Recovery Act designated country definition matters when Recovery Act requirements apply, because it identifies countries treated favorably under those rules. Overall, this section is foundational: it does not impose the preference itself, but it supplies the terms needed to apply the preference correctly.
Key Rules
Domestic material definition
A domestic construction material is either an unmanufactured material mined or produced in the United States, or a manufactured construction material manufactured in the United States. If the material is wholly or predominantly iron or steel, the iron or steel must also be produced in the United States.
Foreign material is residual
Any construction material that does not meet the domestic construction material definition is foreign construction material. This is a catch-all definition used to identify materials that do not qualify for domestic preference treatment.
Manufactured versus unmanufactured
Manufactured construction material is any construction material that is not unmanufactured construction material. The distinction matters because different domestic-content tests apply depending on whether the item is raw material or a manufactured product.
Unmanufactured material test
Unmanufactured construction material is raw material brought to the construction site for incorporation into the work that has not been processed into a specific form and shape or combined with other raw materials to create a material with different properties.
Public building or public work scope
A public building or public work is a building or work constructed, prosecuted, completed, or repaired directly or indirectly by authority of, or with funds of, a Federal agency to serve the general public, regardless of title. The definition includes a broad list of facilities such as bridges, highways, airports, dams, tunnels, docks, and similar infrastructure.
Recovery Act designated country
A Recovery Act designated country is a World Trade Organization Government Procurement Agreement country, a Free Trade Agreement country, or a least developed country. This definition is used when Recovery Act domestic preference rules apply to determine which foreign sources may be treated as acceptable.
Responsibilities
Contracting Officer
Identify whether the requirement is for a public building or public work and apply the correct domestic preference framework. Determine whether offered construction materials are domestic or foreign under these definitions and, when Recovery Act rules apply, confirm whether a country qualifies as a Recovery Act designated country.
Contractor
Classify each construction material correctly as manufactured or unmanufactured and determine whether it meets the domestic construction material definition. Provide accurate sourcing and production information, especially for iron and steel components and any materials subject to Recovery Act requirements.
Agency
Apply the proper statutory and regulatory preference rules to covered construction projects and ensure solicitations and evaluations reflect the correct definitions. Support compliance oversight by using these definitions consistently across procurement and contract administration.
Subcontractors and Suppliers
Provide truthful origin, production, and manufacturing information for materials supplied to the project. Support the prime contractor’s compliance by identifying whether materials are mined, produced, manufactured, or processed in the United States or in a designated country.
Practical Implications
These definitions drive whether a construction material is acceptable under domestic preference rules, so a small classification error can change compliance status.
The iron and steel rule is a common pitfall: even if a product is manufactured in the United States, wholly or predominantly iron or steel items also require U.S. production of the iron or steel itself.
Contractors should document material origin early, because sourcing records, mill certificates, and manufacturer statements are often needed to support compliance.
The public building or public work definition is broad, so many infrastructure and facility projects are covered even when title is not held by the Federal Government.
When Recovery Act requirements apply, the country-of-origin analysis is not just U.S. versus foreign; contractors must also know whether the source country is a Recovery Act designated country.
Official Regulatory Text
As used in this subpart- Domestic construction material means the following: (1) An unmanufactured construction material mined or produced in the United States. (The Buy American statute applies.) (2) A manufactured construction material that is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States. (Section 1605 of the Recovery Act applies.) Foreign construction material means a construction material other than a domestic construction material. Manufactured construction material means any construction material that is not unmanufactured construction material. Public building or public work means a building or work, the construction, prosecution, completion, or repair of which is carried on directly or indirectly by authority of, or with funds of, a Federal agency to serve the interest of the general public regardless of whether title thereof is in a Federal agency (see 22.401 ). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Recovery Act designated country means a World Trade Organization Government Procurement Agreement country, a Free Trade Agreement country, or a least developed country. Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.