SpendQueryBeta

FAR and DFARS › FAR Part 25: Foreign Acquisition › Subpart 25.6

FAR 25.604 Preaward determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute.

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 or Recovery Act section 1605 does not apply to certain construction materials. It also sets rules for the contracting officer to evaluate such requests before award, including when the cost of domestic materials is considered unreasonable. Contractors need to know the request process and the cost thresholds that may allow use of foreign materials.

Applies to: Offerors and contracting officers in acquisitions involving construction materials

What it requires

  • An offeror may request a determination from the contracting officer concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute for specifically identified construction materials.
  • The request must be submitted within the time specified in the solicitation.
  • The request must include the information and supporting data specified in the solicitation.
  • Before award, the contracting officer must evaluate all requests based on the information provided and may supplement it with other readily available information.

Key terms: section 1605 of the Recovery Act · Buy American statute · construction material · manufactured construction material · unmanufactured construction material

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 section 1605 of the Recovery Act or 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 52.225-22 or 52.225-24, 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 52.225-21 or 52.225-23, 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.

(c) Determination based on unreasonable cost of domestic construction material.

(1) Manufactured construction material. The contracting officer must compare the offered price of the contract using foreign manufactured construction material (i.e., any construction material not manufactured in the United States, or construction material consisting predominantly of iron or steel and the iron or steel is not produced in the United States) to the estimated price if all domestic manufactured construction material were used. If use of domestic manufactured construction material would increase the overall offered price of the contract by more than 25 percent, then the contracting officer shall determine that the cost of the domestic manufactured construction material is unreasonable.

(2) Unmanufactured construction material. The contracting officer must compare the cost of each foreign unmanufactured construction material to the cost of domestic unmanufactured construction material. If the cost of the domestic unmanufactured construction material exceeds the cost of the foreign unmanufactured construction material by more than 20 percent, then the contracting officer shall determine that the cost of the domestic unmanufactured construction material is unreasonable.

Sections it refers to

  • 52.225-22 Notice of Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials.
  • 52.225-24 Notice of Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials Under Trade Agreements.
  • 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials.
  • 52.225-23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials Under Trade Agreements.

Sections that refer to it

  • 25.605 Evaluating offers of foreign construction material.
  • 52.225-22 Notice of Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials.
  • 52.225-24 Notice of Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials Under Trade Agreements.

← 25.603 Exceptions. · 25.605 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 25.604 Preaward determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute · SpendQuery