FAR 25.605 Evaluating offers of foreign construction material
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 25.605
- 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) 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 x offered price, if (a)(1) applies) + (.20 x 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.
Federal Register history
Sections cited
- FAR 25.604 Preaward determination concerning the inapplicability of section 1605 of the Recovery Act or the Buy American statute
- 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 25.605?
FAR 25.605 is a section of the Federal Acquisition Regulation, titled "Evaluating offers of foreign construction material".
When was FAR 25.605 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 25.605 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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