[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR25.1001]

[Page 483]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 25_FOREIGN ACQUISITION--Table of Contents
 
        Subpart 25.10_Additional Foreign Acquisition Regulations
 
Sec.  25.1001  Waiver of right to examination of records.


    (a) Policy. The clause at 52.215-2, Audit and Records--Negotiation, 
prescribed at 15.209(b), and paragraph (d) of the clause at 52.212-5, 
Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders--Commercial Items, prescribed at 12.301(b)(4), 
implement 10 U.S.C. 2313 and 41 U.S.C. 254d. The basic clauses authorize 
examination of records by the Comptroller General.
    (1) Insert the appropriate basic clause, whenever possible, in 
negotiated contracts with foreign contractors.
    (2) The contracting officer may use 52.215-2 with its Alternate III 
or 52.212-5 with its Alternate I after--
    (i) Exhausting all reasonable efforts to include the basic clause;
    (ii) Considering factors such as alternate sources of supply, 
additional cost, and time of delivery; and
    (iii) The head of the agency has executed a determination and 
findings in accordance with paragraph (b) of this section, with the 
concurrence of the Comptroller General. However, concurrence of the 
Comptroller General is not required if the contractor is a foreign 
government or agency thereof or is precluded by the laws of the country 
involved from making its records available for examination.
    (b) Determination and findings. The determination and findings 
must--
    (1) Identify the contract and its purpose, and identify if the 
contract is with a foreign contractor or with a foreign government or an 
agency of a foreign government;
    (2) Describe the efforts to include the basic clause;
    (3) State the reasons for the contractor's refusal to include the 
basic clause;
    (4) Describe the price and availability of the supplies or services 
from the United States and other sources; and
    (5) Determine that it will best serve the interest of the United 
States to use the appropriate alternate clause in paragraph (a)(2) of 
this section.