[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: 48CFR25.202]

[Page 471]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 25_FOREIGN ACQUISITION--Table of Contents
 
          Subpart 25.2_Buy American Act_Construction Materials
 
Sec.  25.202  Exceptions.

    (a) When one of the following exceptions applies, the contracting 
officer may acquire foreign construction materials without regard to the 
restrictions of the Buy American Act:
    (1) Impracticable or inconsistent with public interest. The head of 
the agency may determine that application of the restrictions of the Buy 
American Act to a particular construction material would be 
impracticable or would be inconsistent with the public interest. The 
public interest exception applies when an agency has an agreement with a 
foreign government that provides a blanket exception to the Buy American 
Act.
    (2) Nonavailability. The head of the contracting activity may 
determine that a particular construction material is not mined, 
produced, or manufactured in the United States in sufficient and 
reasonably available commercial quantities of a satisfactory quality. 
The determinations of nonavailability of the articles listed at 
25.104(a) and the procedures at 25.104(b) also apply if any of those 
articles are acquired as construction materials.
    (3) Unreasonable cost. The contracting officer concludes that the 
cost of domestic construction material is unreasonable in accordance 
with 25.204.
    (b) Determination and findings. When a determination is made for any 
of the reasons stated in this section that certain foreign construction 
materials may be used, the contracting officer must list the excepted 
materials in the contract. The agency must make the findings justifying 
the exception available for public inspection.
    (c) Acquisitions under trade agreements. For construction contracts 
with an estimated acquisition value of $6,481,000 or more, see 25.403. 
If the acquisition value is $7,304,733 or more, also see 25.405.

[64 FR 72419, Dec. 27, 1999, as amended at 65 FR 36026, June 6, 2000; 67 
FR 56123, Aug. 30, 2002]