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

FAR 25.605 Evaluating offers of foreign construction material.

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 tells contracting officers how to evaluate offers that include foreign construction material when a domestic material's cost was found unreasonable. It adds percentage evaluation factors to the offered price so foreign material offers are compared fairly against domestic ones. It also lets offerors submit alternate offers using equivalent domestic material.

Applies to: Contracting officers evaluating offers that include foreign construction material, and offerors submitting such offers

What it requires

  • Apply a 25 percent evaluation factor to the total offered price if foreign manufactured construction material is included based on an unreasonable-cost exception requested by the offeror
  • Apply a 20 percent evaluation factor to the cost of foreign unmanufactured construction material included based on an unreasonable-cost exception requested by the offeror
  • Calculate total evaluated price as offered price plus the applicable evaluation factors
  • If two or more offers are equal in price and paragraph (b) does not apply, give preference to an offer without foreign construction material excepted at the offeror's request based on unreasonable cost

Key terms: evaluation factor · foreign construction material · domestic construction material · unreasonable cost · total evaluated price

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

The text

(a) If the contracting officer has determined that an exception applies because the cost of certain domestic construction material is unreasonable, in accordance with section 25.604, then the contracting officer shall apply evaluation factors to the offer incorporating the use of such foreign construction material as follows:

(1) Use an evaluation factor of 25 percent, applied to the total offered price of the contract, if foreign manufactured construction material is incorporated in the offer based on an exception for unreasonable cost of comparable domestic construction material requested by the offeror.

(2) In addition, use an evaluation factor of 20 percent applied to the cost of foreign unmanufactured construction material incorporated in the offer based on an exception for unreasonable cost of comparable domestic unmanufactured construction material requested by the offeror.

(3) Total evaluated price = offered price + (.25 × offered price, if (a)(1) applies) + (.20 × cost of foreign unmanufactured construction material, if (a)(2) applies).

(b) If the solicitation specifies award on the basis of factors in addition to cost or price, apply the evaluation factors as specified in paragraph (a) of this section and use the evaluated price in determining the offer that represents the best value to the Government.

(c) Unless paragraph (b) applies, if two or more offers are equal in price, the contracting officer must give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Offerors also may submit alternate offers based on use of equivalent domestic construction material to avoid possible rejection of the entire offer if the Government determines that an exception permitting use of a particular foreign construction material does not apply.

(e) If the contracting officer awards a contract to an offeror that proposed foreign construction material not listed in the applicable clause in the solicitation (paragraph (b)(3) of 52.225-21, or paragraph (b)(3) of 52.225-23), the contracting officer must add the excepted materials to the list in the contract clause.

Sections it refers to

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

← 25.604 Preaward determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute. · 25.606 Postaward determinations. →

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 25.605 Evaluating offers of foreign construction material · SpendQuery