[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: 48CFR25.202]



[Page 488-489]

 

            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 25.103(b)(1) 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



[[Page 489]]



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 $6,725,000 or more, see Subpart 

25.4.



[64 FR 72419, Dec. 27, 1999, as amended at 65 FR 36026, June 6, 2000; 67 

FR 56123, Aug. 30, 2002; 69 FR 1053, Jan. 7, 2004; 70 FR 11743, Mar. 9, 

2005]