[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: 48CFR25.206]



[Page 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. 25.206  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 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]