FAR 25.205(c): should the minimum consideration for a postaward exception cite 25.204 directly?

FAR 25.205(c) sets the minimum consideration for a postaward exception based on unreasonable price by reference to the amount “established in 25.202(a) or in accordance with agency procedures”. Paragraph 25.202(a)(3) sets no amount; it points onward to 25.204, which adds 20 percent of the cost of the foreign construction material. Clauses 52.225-9(c)(2) and 52.225-11(c)(2) state their own minimum by reference to the evaluation factor in each clause. One reading takes the reference to 25.202(a) to reach the 25.204 factor through (a)(3). The other reads 25.202(a) as naming no amount, so that the minimum comes from agency procedures or the clause.

Consequence

No contract with a different consideration amount under either reading has been established.

Proposed correction

Please consider whether 25.205(c) should cite 25.204 directly.

Jurisdiction

United States — federal

Act

Federal Acquisition Regulation (48 CFR chapter 1)

Place

FAR 25.205(c)

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.

adequate consideration is at least the differential established in 25.202(a) or in accordance with agency procedures

The contracting officer concludes that the cost of domestic construction material is unreasonable in accordance with 25.204.

the contracting officer shall add to the offered price 20 percent of the cost of any foreign construction material proposed for exception

adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause

How to check it without Arxo's tools

1. Open eCFR 48 CFR part 25 (currency through 2026-10-27) and find 48 CFR 25.205(c); 48 CFR 25.202(a)(3); 48 CFR 25.204(b)(1)(i). 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).
2. Open eCFR 48 CFR part 52 (currency through 2026-10-27) and find 48 CFR 52.225-9(c)(2). 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).
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 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-2026-0238, https://arxo.io/findings/ARXO-2026-0238/ (status as of 2026-10-29). Data: ARXO-2026-0238.json.