FAR 52.225-11(c)(1)(i)(H): should the justification refer to paragraph (b)(4), as the introduction does?

Under 52.225-11(c)(1)(i), a contractor request to use foreign construction material “in accordance with paragraph (b)(4)” must include listed information. Item (H) asks for a detailed justification of the reason for use of foreign construction materials “cited in accordance with paragraph (b)(3)”. Paragraph (b)(3) is the list of excepted materials. Paragraph (b)(4) states the grounds on which the Contracting Officer may add material to that list. One reading takes (H) to ask for a justification under the grounds in (b)(4). The other takes it to refer to the materials on the (b)(3) list.

Consequence

No request decided differently under the two readings has been established; the grounds are identifiable in (b)(4).

Proposed correction

Please consider whether the reference in (H) should match the introduction to (c)(1)(i).

Jurisdiction

United States — federal

Act

Federal Acquisition Regulation (48 CFR chapter 1)

Place

FAR 52.225-11(c)(1)(i)(H)

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 detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including

The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows

The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that

How to check it without Arxo's tools

1. Open eCFR 48 CFR part 52 (currency through 2026-10-27) and find 48 CFR 52.225-11(c)(1)(i)(H); 48 CFR 52.225-11(c)(1)(i); 48 CFR 52.225-11(b)(3); 48 CFR 52.225-11(b)(4). 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).
2. 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-2026-0242, https://arxo.io/findings/ARXO-2026-0242/ (status as of 2026-10-29). Data: ARXO-2026-0242.json.