[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: 48CFR25.103]

[Page 469]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 25_FOREIGN ACQUISITION--Table of Contents
 
                 Subpart 25.1_Buy American Act_Supplies
 
Sec.  25.103  Exceptions.

    When one of the following exceptions applies, the contracting 
officer may acquire a foreign end product without regard to the 
restrictions of the Buy American Act:
    (a) Public interest. The head of the agency may make a determination 
that domestic preference would be inconsistent with the public interest. 
This exception applies when an agency has an agreement with a foreign 
government that provides a blanket exception to the Buy American Act.
    (b) Nonavailability. (1) A nonavailability determination has been 
made for the articles listed in 25.104.
    (2)(i) The head of the contracting activity may make a determination 
that an article, material, or supply is not mined, produced, or 
manufactured in the United States in sufficient and reasonably available 
commercial quantities of a satisfactory quality.
    (ii) If the contracting officer considers that the nonavailability 
of an article is likely to affect future acquisitions, the contracting 
officer may submit a copy of the determination and supporting 
documentation to the appropriate council identified in 1.201-1 in 
accordance with agency procedures, for possible addition to the list in 
25.104.
    (3) A written determination is not required if all of the following 
conditions are present:
    (i) The acquisition was conducted through use of full and open 
competition.
    (ii) The acquisition was synopsized in accordance with 5.201.
    (iii) No offer for a domestic end product was received.
    (c) Unreasonable cost. The contracting officer may determine that 
the cost of a domestic end product would be unreasonable, in accordance 
with 25.105 and Subpart 25.5.
    (d) Resale. The contracting officer may purchase foreign end 
products specifically for commissary resale.