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FAR and DFARS › FAR Part 25: Foreign Acquisition › Subpart 25.2

FAR 25.203 Preaward determinations.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how an offeror can ask the contracting officer to determine that the Buy American statute does not apply to specific construction materials before a contract is awarded. It also requires the contracting officer to evaluate any such requests before making an award. This matters because it gives contractors a defined process and timing for seeking an exception to Buy American requirements.

Applies to: Offerors on acquisitions involving construction materials and the contracting officers evaluating their requests

What it requires

  • An offeror may request a determination from the contracting officer about the inapplicability of the Buy American statute for specifically identified construction materials.
  • The offeror must submit the request within the time specified in the solicitation.
  • The offeror must include the information and supporting data specified in the solicitation.
  • The contracting officer must evaluate all requests before award based on the information provided and may supplement it with other readily available information.

Key terms: Buy American statute · contracting officer · offeror · construction materials · preaward determination

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) For any acquisition, an offeror may request from the contracting officer a determination concerning the inapplicability of the Buy American statute for specifically identified construction materials. The time for submitting the request is specified in the solicitation in paragraph (b) of either 52.225-10 or 52.225-12, whichever applies. The information and supporting data that must be included in the request are also specified in the solicitation in paragraphs (c) and (d) of either 52.225-9 or 52.225-11, whichever applies.

(b) Before award, the contracting officer must evaluate all requests based on the information provided and may supplement this information with other readily available information.

Sections it refers to

  • 52.225-10 Notice of Buy American Requirement—Construction Materials.
  • 52.225-12 Notice of Buy American Requirement—Construction Materials Under Trade Agreements.
  • 52.225-9 Buy American—Construction Materials.
  • 52.225-11 Buy American—Construction Materials Under Trade Agreements.

← 25.202 Exceptions. · 25.204 Evaluating offers of foreign construction material. →

Rule changes for FAR Part 25

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 25.203 Preaward determinations · SpendQuery