25.105
Critical components and critical items
FAR 25.105 ensures that the list of critical components and items is regularly updated with public input, directly impacting cost evaluations and sourcing under the Buy American Act.
Overview
FAR 25.105 addresses the identification and management of critical components and critical items in government procurement under the Buy American Act. It establishes that a list of such articles, along with their preference factors, will be maintained and updated at least every four years, with opportunities for public comment. Contractors and interested parties may submit recommendations for deletions from the list at any time, provided they supply adequate supporting data. The section also references the use of this list when determining the reasonableness of cost for domestic end products containing critical components or classified as critical items.
Key Rules
- List of Critical Components and Items
- A maintained list identifies articles considered critical, along with their preference factors, and is updated at least every four years with public input.
- Public Participation
- Stakeholders can submit recommendations for removing items from the list at any time, with sufficient justification.
- Cost Reasonableness
- The list is used when evaluating the cost reasonableness of domestic end products containing critical components or classified as critical items.
Responsibilities
- Contracting Officers: Must reference the current list when applying preference factors and determining cost reasonableness for relevant procurements.
- Contractors: Should be aware of the list and may submit recommendations for deletions, providing necessary data and rationale.
- Agencies: Responsible for publishing and updating the list, and for considering public input.
Practical Implications
- Ensures transparency and periodic review of what constitutes a critical component or item.
- Impacts sourcing decisions and cost evaluations for domestic products.
- Contractors should monitor updates to the list and participate in the review process if affected.