48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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14 sections with “domestic nonavailability determination”

  • DFARS 225.7003-3 Exceptions.
    …nd Critical Materials Board of Directors pursuant to 50 U.S.C. 98h-1, determines that the domestic availability of a particular electronic component is critical to national security. (2)(i) Commercially available off-the-shelf (COTS) items…
  • FAR 25.003 Definitions.
    …on into the end product or construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the contracto…
  • FAR 25.103 Exceptions.
    …rican statute: (a) Public interest. The head of the agency may make a determination that domestic preference would be inconsistent with the public interest. This exception applies when an agency has an agreement with a foreign government t…
  • FAR 25.502 Application.
    …same consideration given eligible offers to offers of U.S.-made end products that are not domestic end products, award on the low offer. Otherwise, evaluate in accordance with agency procedures; and (3) If there were no offers of U.S.-made…
  • FAR 25.1101 Acquisition of supplies.
    …aphs (b) and (c) of this section apply, except if— (A) The solicitation is restricted to domestic end products in accordance with subpart 6.3; (B) The acquisition is for supplies for use within the United States and an exception to the Bu…
  • FAR 52.225-9 Buy American—Construction Materials.
    … of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contracto…
  • FAR 52.225-11 Buy American—Construction Materials Under Trade Agreements.
    … of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contracto…
  • DFARS 225.7002-2 Exceptions.
    …(1) The following officials are authorized, without power of redelegation, to make such a domestic nonavailability determination: (i) The Under Secretary of Defense (Acquisition and Sustainment). (ii) The Secretary of the Army. (iii) The…
  • DFARS 252.225-7044 Balance of Payments Program—Construction Material.
    … the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contracto…
  • DFARS 252.225-7045 Balance of Payments Program—Construction Material Under Trade Agreements.
    … the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contracto…
  • FAR 25.603 Exceptions.
    …on materials. (ii) Unreasonable cost. The contracting officer concludes that the cost of domestic construction material is unreasonable in accordance with 25.605. (iii) Inconsistent with public interest. The head of the agency may determi…
  • FAR 25.202 Exceptions.
    …1, 2030, if there is an offer for a foreign construction material that exceeds 55 percent domestic content (see 25.204(b)(1)(ii) and 25.204(b)(2)(ii)). (3) Unreasonable cost. The contracting officer concludes that the cost of domestic cons…
  • FAR 25.504-3 FTA/Israeli Trade Act.
    …red by the WTO GPA , the contracting officer can consider the noneligible offer. Since no domestic offer was received, make a nonavailability determination and award on Offer B (see 25.502(c)(2)). (c) Example 3. Analysis: Since the acquis…
  • DFARS 225.202 Exceptions.
    …y 1, 2030, if there is an offer for foreign construction material that exceeds 55 percent domestic content (also see FAR 25.204(b)(1)(ii) and (b)(2)(ii)).

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.