FAR 52.225-9(b)(3)(i) and 52.225-11(b)(4)(i): headings (A) and (B) overlap when a material is a critical item or contains critical components, but not both

In both clauses, heading (A) covers “domestic construction material that is not a critical item or does not contain critical components”, and heading (B) covers material that “is a critical item or contains critical components”. When exactly one of the two conditions holds, both headings apply. The corresponding heading in FAR 25.204(b)(1) uses “and”: material that “is not a critical item and does not contain critical components”. The list of critical items at 25.105(a)(1)-(2) is reserved.

Consequence

No affected award has been established while the list of critical items is reserved.

Proposed correction

Use “and” in heading (A) of both clauses, as in 25.204(b)(1).

Jurisdiction

United States — federal

Act

Federal Acquisition Regulation (48 CFR chapter 1)

Place

FAR 52.225-9(b)(3)(i)(A)-(B); 52.225-11(b)(4)(i)(A)-(B)

Record

Discrepancy

Class

Text of the act

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-29

Evidence

Contradiction within the text. Quotations are verbatim from the official material; translations are ours and marked.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(B) For domestic construction material that is a critical item or contains critical components.

The procedures in paragraph (b)(4)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

For construction material that is not a critical item and does not contain critical components.

(1)-(2) [Reserved]

How to check it without Arxo's tools

1. Open eCFR 48 CFR part 52 (currency through 2026-10-27) and find 48 CFR 52.225-9(b)(3)(i)(A); 48 CFR 52.225-9(b)(3)(i)(B); 48 CFR 52.225-11(b)(4)(i)(A). 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. Open eCFR 48 CFR part 25 (currency through 2026-10-27) and find 48 CFR 25.204(b)(1); 48 CFR 25.105(a). 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).
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, turned the provisions concerned into executable rules and ran the comparison; 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
• Office of the Federal Register, National Archives — publisher of the Code of Federal Regulations
• Department of Defense, Defense Pricing, Contracting, and Acquisition Policy — FAR Council member; class deviation applying the revised FAR Part 25

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. 2026-10-29Reported to Office of the Federal Register, National Archives (e-mail)
4. 2026-10-29Reported to Department of Defense, Defense Pricing, Contracting, and Acquisition Policy (e-mail)
5. 2026-10-31Entered in the register

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0237, https://arxo.io/findings/ARXO-2026-0237/ (status as of 2026-10-29). Data: ARXO-2026-0237.json.