FAR 25.203—Preaward determinations.
Plain-English Summary
FAR 25.203 addresses preaward determinations of whether the Buy American statute applies to specifically identified construction materials. It explains when an offeror may ask the contracting officer for a determination of inapplicability, when that request must be submitted, what supporting information must be included, and how the contracting officer must evaluate the request before award. In practice, this section is the procedural bridge between the solicitation’s Buy American clauses and the agency’s award decision: it gives offerors a formal way to seek an exception for particular construction materials and requires the contracting officer to make a preaward judgment based on the submitted facts and any readily available additional information. The section ties directly to the solicitation instructions in the applicable Buy American construction clauses, so the exact timing and content requirements come from the solicitation rather than this section alone. Its practical significance is that it helps avoid award delays, reduces disputes over material origin or availability, and ensures the agency makes a documented, informed decision before contract award.
Key Rules
Offeror may request determination
An offeror may ask the contracting officer for a preaward determination that the Buy American statute does not apply to specifically identified construction materials. The request is limited to identified materials, not a general waiver for the entire acquisition.
Timing comes from solicitation
The deadline for submitting the request is not set in this section itself; it is stated in the solicitation under paragraph (b) of either 52.225-10 or 52.225-12, depending on which clause applies. Offerors must follow the solicitation’s timing exactly or risk losing the opportunity for a preaward determination.
Supporting data required by solicitation
The information and supporting data that must accompany the request are specified in the solicitation under paragraphs (c) and (d) of either 52.225-9 or 52.225-11, depending on which clause applies. The request must therefore be complete and tailored to the clause in the solicitation.
Contracting officer must evaluate before award
Before making award, the contracting officer must review all requests and decide based on the information provided. This is a mandatory preaward review, not an optional post-award cleanup step.
Additional readily available information may be used
The contracting officer may supplement the offeror’s submission with other readily available information. This allows the CO to verify facts, resolve gaps, and make a better-informed determination without waiting for a formal evidentiary record from the offeror.
Responsibilities
Offeror
May request a preaward determination that the Buy American statute is inapplicable to specifically identified construction materials. Must submit the request within the solicitation deadline and include the information and supporting data required by the applicable solicitation clauses.
Contracting Officer
Must evaluate all timely requests before award, using the information provided by the offeror and any other readily available information. Must make the determination in time to support the award decision.
Agency
Must include the applicable solicitation instructions and clause references that tell offerors when to submit the request and what supporting information is required. Must ensure the procurement process allows the contracting officer to make the required preaward review.
Practical Implications
Offerors need to watch the solicitation carefully because the submission deadline and required documentation are clause-driven, not spelled out in this section alone.
A request that is late, incomplete, or not tied to specifically identified construction materials may be rejected or ignored, which can affect pricing, sourcing, and award strategy.
Contracting officers should verify the request against the solicitation requirements and use readily available market or sourcing information to test the offeror’s claims before award.
This section helps prevent post-award disputes by forcing the Buy American applicability question to be addressed early, when the agency can still act on it.
Because the determination is made before award, both sides should treat it as a schedule-sensitive issue; delays in gathering origin, availability, or cost data can affect the entire procurement timeline.
Official Regulatory Text
(a) For any acquisition, an offeror may request from the contracting officer a determination concerning the inapplicability of 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 52.225-10 or 52.225-12 , 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 52.225-9 or 52.225-11 , 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.