[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: 48CFR25.205]



[Page 489-490]

 

            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



[[Page 490]]



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.