Question RFI No. 7 - Buy American Domestic Materials.docx
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- Solicitation number
- 36C26126R0028
About this file
This is a Question and Answer (Q&A) document from a Request for Information (RFI) process for VA Solicitation No. 36C26126R0028, concerning the Chilled Water Infrastructure project (Project No. 570-20-308) at the Department of Veterans Affairs Palo Alto Health Care System. The contractor's question addresses the application of Buy American domestic material requirements under FAR clauses 52.225-11 and 52.225-12, specifically seeking clarification on whether all hydronic-system construction materials (steel pipe, fittings, valves, pumps, coils, variable frequency drives, and DDC control hardware) must comply with domestic content standards, whether materials from WTO GPA/Free Trade Agreement designated countries are automatically acceptable, and the procedure and deadline for requesting determinations of inapplicability based on unreasonable cost or unavailability. The contractor also inquires whether Build America, Buy America (BABA) requirements under 2 CFR Part 184 apply concurrently and how to reconcile potential conflicts with FAR Buy American provisions.
The Government's response indicates that construction materials are typically treated as Commercial Off-The-Shelf (COTS) items, which are excepted from Buy American requirements unless specifically manufactured for the project. The Government confirmed that materials from WTO GPA/FTA designated countries are acceptable under the designated-country waiver in FAR 52.225-11(b). The response does not address the contractor's questions regarding the formal procedure and deadline for requesting determinations of inapplicability or the application of BABA requirements, leaving those matters unresolved for potential clarification in subsequent amendments or communications with the Contracting Officer (Charee Harris, charee.harris@va.gov).
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Text version
REQUEST FOR INFORMATION (RFI) FORM
Contractor Name:
Address:
Phone and Email:
Send to: charee.harris@va.gov
RFI
| PROJECT NO.: |
| 570-20-308 |
| RFI NO.: |
| 7 |
| PROJECT NAME: |
| Chilled Water Infrastructure |
| DATE REQUESTED: |
| 6/10/26 |
| SOLICITATION NO.: |
| 36C26126R0028 |
| REFERENCE: |
| FAR 52.225-11 (clause, §4.5) & 52.225-12 (notice, §2.3) – Buy American under Trade Agreements |
| DRAWING: |
| N/A |
| SPECIFICATION SECTION: |
23 21 13 / Division 23 & 26
DESCRIPTION OF PROBLEM OR INFORMATION BEING REQUESTED
The solicitation incorporates TWO distinct, companion Buy American authorities for construction performed under trade agreements, and they serve different functions:
• FAR 52.225-11, Buy American—Construction Materials Under Trade Agreements (NOV 2025) (DEVIATION), at solicitation §4.5 — the substantive CLAUSE. It establishes the domestic-content requirement (iron/steel content test for predominantly iron-or-steel materials), sets the unreasonable-cost differential at 20% for this acquisition, addresses critical items/components per FAR 25.105, and states that the Contracting Officer has determined the WTO GPA and Free Trade Agreements apply — thereby waiving the Buy American restriction for designated-country construction material. Paragraphs (c) and (d) prescribe the supporting information and price-comparison data for a request.
• FAR 52.225-12, Notice of Buy American Requirement—Construction Materials Under Trade Agreements (MAY 2014), at solicitation §2.3 — the solicitation PROVISION (notice). Paragraph (b) prescribes the procedure and timing for an offeror to request a determination of inapplicability, and how offers will be evaluated.
Please confirm:
(a) that all hydronic-system construction materials brought to the site for incorporation into the work — including steel pipe, fittings, valves, pumps, coils, VFDs, and DDC control hardware — must be domestic construction material under FAR 52.225-11, and confirm that material from a WTO GPA/FTA designated country is already acceptable under the designated-country waiver stated in FAR 52.225-11(b), such that only non-domestic, non-designated-country material requires a determination of inapplicability;
(b) the procedure and deadline — under the notice provision FAR 52.225-12(b) — for an offeror to request a determination of inapplicability for unreasonable cost or nonavailability, including the supporting information and price-comparison data required by FAR 52.225-11(c) and (d), given long lead times on certain domestic valves and electronic/control components; and confirm that the 20% unreasonable-cost differential in the DEVIATION version of FAR 52.225-11 governs that evaluation; and
(c) whether this project is also subject to Build America, Buy America (BABA) domestic-content requirements (2 CFR Part 184 / Pub. L. 117-58) in addition to the FAR Buy American clauses, and if so, how the two sets of requirements are to be reconciled. The response affects material sourcing, procurement lead time, and price.
PROJECT MANAGER’S RESPONSE
Typically, construction is Commercial of The Shelf (COTS) parts, and that is an exception to the Buy American Act. Unless you have an item that is specifically manufactured for this project.
Confirming that material from a WTO GPA/FTA designated country is already acceptable under the designated-country waiver stated in FAR 52.225-11(b)
| TRACKING NO.: |
| AMENDMENT NO.: |
| VA PROJECT ENGINEER/MANAGER: |
| DATE: |
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