[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: 48CFR25.205]

[Page 472]
 
            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.  25.205  Postaward determinations.

    (a) If a contractor requests a determination regarding the 
inapplicability of the Buy American Act after contract award, the 
contractor must explain why it could not request the determination 
before contract award or why the need for such determination otherwise 
was not reasonably foreseeable. If the contracting officer concludes 
that the contractor should have made the request before contract award, 
the contracting officer may deny the request.
    (b) The contracting officer must base evaluation of any request for 
a determination regarding the inapplicability of the Buy American Act 
made after contract award on information required by paragraphs (c) and 
(d) of the applicable clause at 52.225-9 or 52.225-11 and/or other 
readily available information.
    (c) If a determination, under 25.202(a), is made after contract 
award that an exception to the Buy American Act applies, the contracting 
officer must negotiate adequate consideration and modify the contract to 
allow use of the foreign construction material. When the basis for the 
exception is the unreasonable price of a domestic construction material, 
adequate consideration is at least the differential established in 
25.202(a) or in accordance with agency procedures.