FAR 25.202(a)(2): should the relief from a nonavailability determination state that it applies when the fallback procedures are used?

FAR 25.202(a)(2) says a nonavailability determination is not required before January 1, 2030, if there is an offer for a foreign construction material that exceeds 55 percent domestic content, with a cross-reference to 25.204(b)(1)(ii) and (b)(2)(ii). Those paragraphs set the fallback procedures and their conditions. The 2022 final rule preamble says the language clarifies that a determination is not required when the fallback procedures are used. One reading applies the sentence whenever such an offer exists. The other reads it, with the cross-reference and the preamble, as limited to cases in which the fallback procedures are used.

Consequence

No acquisition with an offer above 55 percent in which the fallback procedures did not apply has been established.

Proposed correction

Please consider whether 25.202(a)(2) should state that condition expressly.

Jurisdiction

United States — federal

Act

Federal Acquisition Regulation (48 CFR chapter 1)

Place

FAR 25.202(a)(2)

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.

A determination is not required before January 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)).

result in an unreasonable cost determination for the domestic construction material offer or there is no domestic construction material offer received

Language has been added at FAR 25.103(b)(2)(i) and 25.202(a)(2), clarifying that a nonavailability determination is not required when the fallback procedures are used.

How to check it without Arxo's tools

1. Open eCFR 48 CFR part 25 (currency through 2026-10-27) and find 48 CFR 25.202(a)(2); 48 CFR 25.204(b)(1)(ii). 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 Federal Register, 87 FR 12780 (March 7, 2022): FAR Case 2021-008, Amendments to the FAR Buy American Act Requirements, final rule with preamble and find 87 FR 12782, preamble to FAR Case 2021-008. Compare the text with the quotation above. A copy is kept in this register: c28aecd46debf9ac-fr-2022-04173.pdf (SHA-256 c28aecd46debf9ac5f0924126d13a4fb4083391818b46046b3b8a4e55d17284b, 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-2026-0241, https://arxo.io/findings/ARXO-2026-0241/ (status as of 2026-10-29). Data: ARXO-2026-0241.json.