[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR25.1001]



[Page 500-501]

 

            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



[[Page 501]]



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.