# 48 CFR § 25.001: 25.001 General

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-48-25.001

## Section

- **Citation:** 48 CFR § 25.001
- **Heading:** 25.001 General
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 48—Federal Acquisition Regulations System > CHAPTER 1—FEDERAL ACQUISITION REGULATION > SUBCHAPTER D—SOCIOECONOMIC PROGRAMS > PART 25—FOREIGN ACQUISITION

## Text

(a) 41 U.S.C. chapter 83, Buy American—
(1) Restricts the purchase of supplies, that are not domestic end products, for use within the United States. A foreign end product may be purchased if the contracting officer determines that the price of the lowest domestic offer is unreasonable or if another exception applies (see Subpart 25.1); and
(2) Requires, with some exceptions, the use of only domestic construction materials in contracts for construction in the United States (see Subpart 25.2).
(b) The restrictions in the Buy American statute are not applicable in acquisitions subject to certain trade agreements (see Subpart 25.4). In these acquisitions, end products and construction materials from certain countries receive nondiscriminatory treatment in evaluation with domestic offers. Generally, the dollar value of the acquisition determines which of the trade agreements applies. Exceptions to the applicability of the trade agreements are described in Subpart 25.4.
(c) The test to determine the country of origin for an end product under the Buy American statute (see the various country “end product” definitions in 25.003) is different from the test to determine the country of origin for an end product under the trade agreements, or the criteria for the representation on end products manufactured outside the United States (see 52.225-18).
(1) The Buy American statute uses a two-part test to define a “domestic end product” or “domestic construction material” (manufactured in the United States and a domestic content test). The domestic content test has been waived for acquisition of commercially available off-the-shelf (COTS) items, except a product that consists wholly or predominantly of iron or steel or a combination of both (excluding COTS fasteners) (see 25.101(a) and 25.201(b)).
(2) Under the trade agreements, the test to determine country of origin is “substantial transformation” (i.e., transforming an article into a new and different article of commerce, with a name, character, or use distinct from the original article).
(3) For the representation at 52.225-18, the only criterion is whether the place of manufacture of an end product is in the United States or outside the United States, without regard to the origin of the components.
(4) When using funds appropriated under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), the definition of “domestic manufactured construction material” requires manufacture in the United States but does not include a requirement with regard to the origin of the components. If the construction material consists wholly or predominantly of iron or steel, the iron or steel must be produced in the United States.
[64 FR 72419, Dec. 27, 1999, as amended at 67 FR 21535, Apr. 30, 2002; 71 FR 20306, Apr. 19, 2006; 71 FR 57377, Sept. 28, 2006; 74 FR 14626, Mar. 31, 2009; 75 FR 38691, July 2, 2010; 75 FR 53165, Aug. 30, 2010; 78 FR 37694, June 21, 2013; 79 FR 24208, Apr. 29, 2014; 86 FR 6186, Jan. 19, 2021]

## Nearby sections

- [48 CFR § 19.000 19.000 Scope of part.](https://www.frixlaw.com/law-library/statutes/ecfr-48-19.000.md)
- [48 CFR § 19.001 19.001 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-48-19.001.md)
- [48 CFR § 22.000 22.000 Scope of Part.](https://www.frixlaw.com/law-library/statutes/ecfr-48-22.000.md)
- [48 CFR § 22.001 22.001 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-48-22.001.md)
- [48 CFR § 23.000 23.000 Scope of part.](https://www.frixlaw.com/law-library/statutes/ecfr-48-23.000.md)
- [48 CFR § 23.001 23.001 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-48-23.001.md)
- [48 CFR § 23.002 23.002 Policy.](https://www.frixlaw.com/law-library/statutes/ecfr-48-23.002.md)
- [48 CFR § 24.000 24.000 Scope of part.](https://www.frixlaw.com/law-library/statutes/ecfr-48-24.000.md)
- [48 CFR § 25.000 25.000 Scope of part.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.000.md)
- [48 CFR § 25.001 25.001 General.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.001.md)
- [48 CFR § 25.002 25.002 Applicability of subparts.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.002.md)
- [48 CFR § 25.003 25.003 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-48-25.003.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-48-25.001. Check the current official text before relying on it. Not legal advice.