Overview
This section establishes that international treaties and agreements between the U.S. and foreign nations take precedence in governing how foreign offers are evaluated and how contracts are executed overseas.
Key Rules
- Regulatory Framework: International treaties and bilateral/multilateral agreements are formal components of the acquisition process.
- Evaluation Impact: These agreements dictate specific criteria or preferences used when evaluating bids submitted by foreign entities.
- Performance Requirements: The rules for performing work on foreign soil are subject to the terms of these international agreements, which may override standard domestic procedures.
Practical Implications
- Contracting officers must verify if specific treaties—such as Status of Forces Agreements (SOFAs) or Trade Agreements—apply to a solicitation, as these can affect tax exemptions, labor laws, and customs duties.
- Offerors must account for international legal frameworks that may grant them certain protections or impose specific limitations when competing for or performing U.S. government contracts abroad.