[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: 48CFR25.206]

[Page 472-473]
 
            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.  25.206  Noncompliance.

    The contracting officer must--
    (a) Review allegations of Buy American Act violations;
    (b) Unless fraud is suspected, notify the contractor of the apparent 
unauthorized use of foreign construction material and request a reply, 
to include proposed corrective action; and
    (c) If the review reveals that a contractor or subcontractor has 
used foreign construction material without authorization, take 
appropriate action, including one or more of the following:
    (1) Process a determination concerning the inapplicability of the 
Buy American Act in accordance with 25.205.
    (2) Consider requiring the removal and replacement of the 
unauthorized foreign construction material.
    (3) If removal and replacement of foreign construction material 
incorporated in a building or work would be impracticable, cause undue 
delay, or otherwise be detrimental to the interests of the Government, 
the contracting officer may determine in writing that the foreign 
construction material need not be removed and replaced. A determination 
to retain foreign construction material does not constitute a 
determination that an exception to the Buy American Act applies, and 
this should be stated in the determination. Further, a determination to 
retain foreign construction material does not affect the Government's 
right to suspend

[[Page 473]]

or debar a contractor, subcontractor, or supplier for violation of the 
Buy American Act, or to exercise other contractual rights and remedies, 
such as reducing the contract price or terminating the contract for 
default.
    (4) If the noncompliance is sufficiently serious, consider 
exercising appropriate contractual remedies, such as terminating the 
contract for default. Also consider preparing and forwarding a report to 
the agency suspending or debarring official in accordance with Subpart 
9.4. If the noncompliance appears to be fraudulent, refer the matter to 
other appropriate agency officials, such as the officer responsible for 
criminal investigation.

Subpart 25.3 [Reserved]