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

FAR 25.205 Postaward 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 what happens when a contractor asks after a contract is awarded for a determination that the Buy American statute does not apply. The contractor must justify why the request was not made before award, and the contracting officer may deny it if the request should have been made earlier. If an exception is later found to apply, the contracting officer must negotiate consideration and modify the contract to permit foreign construction material.

Applies to: Contractors requesting postaward Buy American determinations and contracting officers handling them

What it requires

  • Explain why the determination could not be requested before contract award or why the need was not reasonably foreseeable
  • Base evaluation of the request on information required by the applicable clause at 52.225-9 or 52.225-11 and/or other readily available information
  • Negotiate adequate consideration and modify the contract to allow use of the foreign construction material if a postaward determination finds an exception applies

Key terms: Buy American statute · determination · contracting officer · adequate consideration · foreign construction material

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

The text

(a) If a contractor requests a determination regarding the inapplicability of the Buy American statute 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 statute 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 statute applies, the contracting officer must negotiate adequate consideration and modify the contract to allow use of the foreign construction material. When 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.

Sections it refers to

  • 52.225-9 Buy American—Construction Materials.
  • 52.225-11 Buy American—Construction Materials Under Trade Agreements.
  • 25.202 Exceptions.

Sections that refer to it

← 25.204 Evaluating offers of foreign construction material. · 25.206 Noncompliance. →

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 25.205 Postaward determinations · SpendQuery