FAR 52.225-9(b)(3)(i)(A)(2): should the U.S.-manufacture condition sit on the selected offer, as in Part 25?

The provisions concern construction material that is not a commercially available off-the-shelf (COTS) item and is not wholly or predominantly iron or steel, during the fallback period before January 1, 2030. FAR 25.204(b)(1)(ii) applies when the low offer does not exceed 55 percent domestic content, and treats as domestic the lowest offer that is manufactured in the United States and exceeds 55 percent domestic content. Clause 52.225-9(b)(3)(i)(A)(2) instead requires the low offer to be manufactured in the United States, and treats as domestic the lowest offer above 55 percent without that condition. Clause 52.225-11(b)(4)(i)(A)(2) follows Part 25. One reading applies 52.225-9 as written in contracts that include it. The other reads it in line with Part 25 and 52.225-11.

Consequence

No award that would come out differently under the two texts has been established.

Proposed correction

Please consider whether 52.225-9 should use the same conditions as Part 25 for both the triggering low offer and the selected offer.

Jurisdiction

United States — federal

Act

Federal Acquisition Regulation (48 CFR chapter 1)

Place

FAR 52.225-9(b)(3)(i)(A)(2); FAR 25.204(b)(1)(ii)

Record

Question of reading or data

Class

Question of reading or data

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-29

Evidence

Pair of quotations. Quotations are verbatim from the official material; translations are ours and marked.

the low offer is for foreign construction material that does not exceed 55 percent domestic content, the contracting officer shall

Treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer

the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer

the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer and determine

How to check it without Arxo's tools

1. Open eCFR 48 CFR part 25 (currency through 2026-10-27) and find 48 CFR 25.204(b)(1)(ii); 48 CFR 25.204(b)(1)(ii)(A). Compare the text with the quotation above. A copy is kept in this register: 6a5372df63af691e-ecfr-48-25-2026-10-27.xml (SHA-256 6a5372df63af691e5c617813c3ee2b7042f890fc36a9542f132f161c3301cdf3, copy of the official file).
2. Open eCFR 48 CFR part 52 (currency through 2026-10-27) and find 48 CFR 52.225-9(b)(3)(i)(A)(2); 48 CFR 52.225-11(b)(4)(i)(A)(2). Compare the text with the quotation above. A copy is kept in this register: 69fadf7341a02715-ecfr-48-52-2026-10-27.xml (SHA-256 69fadf7341a027150e37cd45f2563570f78286d34372199603f1f2de7b475c1d, copy of the official file).
3. The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.

How this finding was made

AI agents read the official texts and compared the provisions, clauses and preambles; they also drafted this record. A person at Arxo approved the report before it was sent.

Responsible institutions

• FAR Council (General Services Administration, Federal Acquisition Policy Division) — author of the FAR

Reported to

Responses

No response recorded.

History

1. 2026-10-29Confirmed by Arxo
2. 2026-10-29Reported to FAR Council (General Services Administration, Federal Acquisition Policy Division) (e-mail)
3. 2026-10-31Entered in the register

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0239, https://arxo.io/findings/ARXO-2026-0239/ (status as of 2026-10-29). Data: ARXO-2026-0239.json.