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

FAR 25.606 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 covers what happens when a contractor asks after contract award for a determination that the Buy American statute or Recovery Act section 1605 does not apply. The contractor must explain why the request could not have been made before award, and the contracting officer may deny it if the request should have come earlier. If an exception is later granted, the contracting officer must negotiate consideration and modify the contract to permit foreign construction material.

Applies to: Contractors requesting postaward determinations on Buy American or Recovery Act section 1605 applicability, 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
  • If an exception is granted after award, negotiate adequate consideration and modify the contract to allow use of the foreign construction material

Key terms: Buy American statute · section 1605 of the Recovery Act · contracting officer · foreign construction material · adequate consideration

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 section 1605 of the Recovery Act or 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 section 1605 of the Recovery Act or the Buy American statute made after contract award on information required by paragraphs (c) and (d) of the applicable clause at 52.225-21 or 52.225-23 and/or other readily available information.

(c) If a determination, under 25.603(a), is made after contract award that an exception to section 1605 of the Recovery Act or 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 cost of a domestic construction material, adequate consideration is at least the differential established in 25.605(a).

Sections it refers to

  • 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.
  • 25.603 Exceptions.
  • 25.605 Evaluating offers of foreign construction material.

Sections that refer to it

← 25.605 Evaluating offers of foreign construction material. · 25.607 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 25.606 Postaward determinations · SpendQuery