48 C.F.R. § 25.203
25.203 Preaward determinations.
(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.
Notes of Decisions
Cited in 2
cases, 1991–1993 · leading case: C. Sanchez & Son, Inc. v. United States, 6 F.3d 1539 (Fed. Cir. 1993).
C. Sanchez & Son, Inc. v. United States, 6 F.3d 1539 (Fed. Cir. 1993). “Since such a waiver ’must be approved by the agency head, the requisite information is submitted to the agency head by the agency’s contracting authority, for contractors do not make direct submittals to the agency head: 48 C.F.R. § 25.203 (b). When proposed awards are submitted…”
C. Sanchez & Son, Inc. v. United States, 24 Cl. Ct. 14 (Ct. Cl. 1991). “Defendant also argues that plaintiff has not complied with the regulatory requirements for submitting waiver requests articulated in 48 C.F.R. § 25.203 (b). This provision states: When proposed awards are submitted to the agency head for approval, each submission shall include a…”
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