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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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25 sections with “nonavailability”

  • DFARS 225.7018-4 Nonavailability determination.
    (a) Individual nonavailability determinations. (1) The head of the contracting activity is authorized to make a nonavailability determination described in 225.7018-3(d) on an individual basis (i.e., applies to only one contract). (2) The s…
  • DFARS 225.7003-3 Exceptions.
    …in a satisfactory quality, a sufficient quantity, and the required form (i.e., a domestic nonavailability determination). In accordance with 10 U.S.C. 4863(m)(4), the term “required form” in this section refers to the form of the mill produ…
  • DFARS 252.225-7045 Balance of Payments Program—Construction Material Under Trade Agreements.
    …ance with FAR 25.201(c). Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or (B) The construction m…
  • DFARS 252.225-7044 Balance of Payments Program—Construction Material.
    …ance with FAR 25.201(c). Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or (B) The construction m…
  • FAR 25.103 Exceptions.
    … a foreign government that provides a blanket exception to the Buy American statute. (b) Nonavailability. The Buy American statute does not apply with respect to articles, materials, or supplies if articles, materials, or supplies of the c…
  • FAR 39.205 Exemptions.
    …at conformance will not result in a fundamental alteration in the nature of the ICT. (3) Nonavailability of conforming commercial products and commercial services. Where there are no commercial products and commercial services that fully c…
  • DFARS 225.202 Exceptions.
    (a)(2) A nonavailability determination is not required for construction materials listed in FAR 25.104(a). For other materials, a nonavailability determination shall be approved at the levels specified in 225.103(b)(ii). Use the estimated v…
  • DFARS 225.7002-2 Exceptions.
    …ollowing 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 Secretar…
  • FAR 25.202 Exceptions.
    … a foreign government that provides a blanket exception to the Buy American statute. (2) Nonavailability. The head of the contracting activity may determine that a particular construction material is not mined, produced, or manufactured in…
  • FAR 25.603 Exceptions.
    …onstruction material without regard to the restrictions of the Buy American statute: (i) Nonavailability. The head of the contracting activity may determine that a particular construction material is not mined, produced, or manufactured in…
  • FAR 17.103 Definitions.
    … years. Cancellation results when the contracting officer (1) Notifies the contractor of nonavailability of funds for contract performance for any subsequent program year, or (2) Fails to notify the contractor that funds are available for…
  • FAR 25.003 Definitions.
    …nce with FAR 25.201(c)). Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or (2) The construction m…
  • FAR 25.502 Application.
    … and (3) If there were no offers of U.S.-made or designated country end products, make a nonavailability determination (see 25.103(b)(2)) and award on the low offer (see 25.403(c)). (c) For acquisitions not covered by the WTO GPA, but sub…
  • FAR 25.504-3 FTA/Israeli Trade Act.
    … 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 acquisition is not covered by the WTO GPA …
  • FAR 25.1101 Acquisition of supplies.
    … use within the United States and an exception to the Buy American statute applies (e.g., nonavailability, public interest, or information technology that is a commercial product); or (C) The acquisition is for supplies for use outside the…
  • FAR 52.217-2 Cancellation Under Multiyear Contracts.
    …bmit the claim promptly but no later than 1 year from the date (1) of notification of the nonavailability of funds, or (2) specified in the Schedule by which notification of the availability of additional funds for the next succeeding progr…
  • FAR 52.225-9 Buy American—Construction Materials.
    …g in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or (B) The construction m…
  • FAR 52.225-11 Buy American—Construction Materials Under Trade Agreements.
    …g in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or (B) The construction m…
  • FAR 52.246-18 Warranty of Supplies of a Complex Nature.
    …irected, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability. (4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (includin…
  • DFARS 225.1101 Acquisition of supplies.
    … use within the United States and an exception to the Buy American statute applies, e.g., nonavailability or public interest (see FAR 25.103 and 225.103); (D) The acquisition is for supplies for use outside the United States and an excepti…
  • DFARS 225.7018-5 Contract clause.
    Unless acquiring items outside the United States for use outside the United States or a nonavailability determination has been made in accordance with 225.7018-4, use the clause at 252.225-7052, Restriction on Acquisition of Certain Magnets…
  • DFARS 246.870-2 Policy.
    …urce other than any of the sources identified in paragraph (a)(1) of this section, due to nonavailability from such sources; or (B) A subcontractor (other than the original manufacturer) that refuses to accept flowdown of this clause; or …
  • DFARS 247.573 General.
    …nd department procedures relating to annual reporting requirements of waivers granted for nonavailability of U.S.-flag vessels. (4) Follow the procedures at PGI 247.573(b)(4) to accomplish security background checks pursuant to clause 252.…
  • DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
    …s place in the United States. (2) If the authorized agency official concerned has made a nonavailability determination, in accordance with section 225.7018-4 of the Defense Federal Acquisition Regulation Supplement, that compliant covered …
  • DFARS 252.246-7008 Sources of Electronic Parts.
    …r than any of the sources identified in paragraph (b)(1) or (b)(2) of this clause, due to nonavailability from such sources; or (2) A subcontractor (other than the original manufacturer) that refuses to accept flowdown of this clause; or …

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.