---
kind: "section"
citation: "48 C.F.R. § 25.1001"
title: "48"
number: "25.1001"
heading: "Waiver of right to examination of records."
url: "https://uscodex.org/cfr/48/25.1001"
---

# §25.1001. Waiver of right to examination of records.

- (a) **Policy.** The clause at 52.215-2, Audit and Records—Negotiation, prescribed at 15.209(b), and paragraph (d) of the clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services, prescribed at 12.301(b)(4), implement 10 U.S.C. [3841](/usc/10/3841.md) and [41](/usc/10/41.md) U.S.C. 4706. The basic clauses authorize examination of records by the Comptroller General.
  - (1) Insert the appropriate basic clause, whenever possible, in negotiated contracts with foreign contractors.
  - (2) The contracting officer may use 52.215-2 with its Alternate III or 52.212-5 with its Alternate I after—
    - (i) Exhausting all reasonable efforts to include the basic clause;
    - (ii) Considering factors such as alternate sources of supply, additional cost, and time of delivery; and
    - (iii) The head of the agency has executed a determination and findings in accordance with [paragraph (b)](#b) of this section, with the concurrence of the Comptroller General. However, concurrence of the Comptroller General is not required if the contractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its records available for examination.
- (b) **Determination and findings.** The determination and findings must—
  - (1) Identify the contract and its purpose, and identify if the contract is with a foreign contractor or with a foreign government or an agency of a foreign government;
  - (2) Describe the efforts to include the basic clause;
  - (3) State the reasons for the contractor's refusal to include the basic clause;
  - (4) Describe the price and availability of the supplies or services from the United States and other sources; and
  - (5) Determine that it will best serve the interest of the United States to use the appropriate alternate clause in [paragraph (a)(2)](#a-2) of this section.

## Notes

### Amendments

[73 FR 33638, June 12, 2008, as amended at 79 FR 24209, Apr. 29, 2014; 86 FR 61028, Nov. 4, 2021; 87 FR 73898, Dec. 1, 2022]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 64 FR 72419, Dec. 27, 1999, unless otherwise noted.

### Amendments

[73 FR 33638, June 12, 2008, as amended at 79 FR 24209, Apr. 29, 2014; 86 FR 61028, Nov. 4, 2021; 87 FR 73898, Dec. 1, 2022]