Overview
FAR 25.802 establishes the mandatory administrative steps and coordination requirements for contracting with foreign entities for work performed outside the United States, with a specific focus on international agreement compliance and unique procedures for Taiwan.
Key Rules
- International Agreement Compliance: Contracting officers must verify the existence of and ensure compliance with any international agreements governing the location of performance.
- Interagency Coordination: Acquisition planning must involve coordination between relevant U.S. executive agencies and foreign interests as dictated by applicable treaties.
- Resource Verification: The Department of State’s "United States Treaties and Other International Agreements" series serves as the primary reference for identifying these obligations.
- Mandatory Intermediary for Taiwan: All contracts involving Taiwanese firms or organizations must be awarded through the American Institute of Taiwan (AIT) rather than directly to the entity.
Practical Implications
- Contracting officers operating overseas must consult with legal counsel or diplomatic missions early in the planning phase to ensure they are not violating Status of Forces Agreements (SOFAs) or other bilateral treaties.
- Procurements involving Taiwan require additional lead time and administrative steps to account for the mandatory involvement of the AIT as the contracting intermediary.