Overview
This section prescribes the authority and procedures for deviating from the FAR when such actions are necessary to comply with international treaties or executive agreements between the United States and other nations or international organizations.
Key Rules
- Definition of Executive Agreements: Includes any Government-to-Government agreement or agreement with an international organization to which the U.S. is a party.
- Treaty Deviations: Authorized automatically unless the deviation is inconsistent with FAR coverage mandated by a law enacted after the treaty was executed.
- Executive Agreement Deviations: Authorized automatically unless the deviation is inconsistent with FAR coverage mandated by any existing law.
- Reporting Requirements: For civilian agencies (excluding NASA), authorized deviations must be transmitted to the FAR Secretariat through a central agency control point.
- Formal Approval Process: If a deviation is not automatically authorized due to legal inconsistencies, civilian agencies must process the request through the FAR Secretariat to the Civilian Agency Acquisition Council (CAAC).
Practical Implications
- Contracting Officers can bypass standard FAR requirements to honor international commitments, such as Status of Forces Agreements (SOFA) or specialized trade agreements, provided there is no conflicting federal statute.
- It establishes a clear hierarchy of authority, ensuring that while international obligations are respected, newer federal laws (in the case of treaties) or any federal laws (in the case of executive agreements) remain the supreme governing authority.