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    I 'am looking for information to confirm if steel rod from Dominican Republic can be accepted for a Federally funded MILCON project, I noted that they are in the list a being a participant of TAA and I also aware that a Certificate of Origin must be secured, what else should be aware of?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting team, program manager and/or legal department as appropriate. 

     

    You did not identify where the work is to take place and the dollar amount of the work.  You did not identify if this was a small business set aside; if it was, an exception may apply [FAR 25.401(a)(1)] if the Free Trade Agreement does not apply.  If the dollar value exceeds $7,008,000 the CAFTA-DR applies.  We assume none of the exceptions of FAR 25.103 apply.

    "Buy American" policy states, "For construction material that consists wholly or predominantly of iron or steel or a combination of both, the cost of foreign iron and steel must constitute less than 5 percent of the cost of all the components used in such construction material (see the definition of "foreign iron and steel" at 25.003). The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. This domestic content test of the Buy American statute has not been waived for acquisitions of COTS items in this category, except for COTS fasteners." [FAR 25.201(b)(2)(ii)]

     

    If the value exceeds $7,008,000 the exception at FAR 25.202(c) would apply and CAFTA-DR would guide the acquisition.  It appears that the steel rods fall under Product Service Group (PSG) 56 listed in DFARS 225.401-70.

     

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