Overview
This section prescribes the mandatory administrative and procedural steps a contracting officer must follow when an acquisition is subject to the World Trade Organization Government Procurement Agreement (WTO GPA) or a Free Trade Agreement (FTA).
Key Rules
- Publicity and Timing: Contracting officers must adhere to specific standards for publicizing the solicitation and allow for the required response times as dictated by FAR 5.203 and 5.207.
- Non-Discriminatory Specifications: The government is prohibited from drafting technical requirements or specifications for the sole purpose of excluding "eligible products" from trade agreement partner countries.
- Standardization of Bids: All solicitations must explicitly require that offers be submitted in the English language and in U.S. dollars to ensure a uniform basis for evaluation.
- Notification Requirements: Formal notice must be provided to unsuccessful offerors from WTO GPA or FTA countries, following the standard procedures for sealed bidding or competitive proposals.
- Evaluation Guidance: While this section covers preliminary procedures, it directs contracting officers to FAR Subpart 25.5 for specific evaluation logic and mathematical examples.
Practical Implications
- Transparency: These procedures ensure that the U.S. government meets its international treaty obligations by providing foreign offerors with fair notice and a transparent bidding environment.
- Operational Uniformity: By mandating English and U.S. currency, the FAR eliminates the administrative burden on the contracting officer of translating technical proposals or calculating fluctuating exchange rates during the price evaluation process.