FAR 25.604 Preaward determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 25.604
- Type
- Section
- Last amended
- 86 FR 6180 Effective Jan 19, 2021
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.
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.
Federal Register history
Sections cited
- FAR 52.225-22 Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials
- FAR 52.225-24 Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements
- FAR 52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials
- FAR 52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements
Quick answers
What is FAR 25.604?
FAR 25.604 is a section of the Federal Acquisition Regulation, titled "Preaward determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute".
When was FAR 25.604 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Maximizing Use of American-Made Goods, Products, and Materials" (86 FR 6180), published Jan 19, 2021 and effective Jan 19, 2021.
Are changes to FAR 25.604 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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