Overview
FAR Subpart 25.8 governs how international treaties and bilateral/multilateral agreements influence the federal procurement process. It ensures that when the U.S. government contracts with foreign entities or for performance outside the United States, all actions remain compliant with established diplomatic and legal obligations.
Key Rules
- Treaty Precedence: International agreements and treaties take precedence and can directly affect how offers from foreign entities are evaluated and how contracts are executed overseas.
- Documentation Access: Official international agreements are published by the Department of State in the "United States Treaties and Other International Agreements" series, which are typically accessible through U.S. diplomatic missions or overseas legal offices.
- Taiwanese Procurement: A specific mandate exists for all contracts with Taiwanese firms or organizations; they must be processed through the American Institute of Taiwan (AIT), acting under a Department of State contract.
- Mandatory Coordination: Acquisition planning for foreign performance must involve coordination between relevant U.S. executive agencies and the affected foreign interests.
Responsibilities
- Contracting Officers (COs):
- Responsible for determining if any international agreements exist that apply to a specific procurement.
- Ensuring total compliance with the terms of those agreements during the solicitation and award phases.
- Conducting advance acquisition planning and necessary coordination with foreign interests.
- Facilitating all Taiwanese contract awards specifically through the AIT.
- Department of State:
- Responsible for publishing and maintaining records of international agreements.
- Managing the overarching contract with the American Institute of Taiwan.
Practical Implications
- Increased Lead Times: Procurement involving foreign performance often requires longer lead times due to the necessity of "advance acquisition planning" and inter-agency coordination.
- Compliance Risk: Contracting Officers must not assume standard FAR procedures apply in a vacuum when working overseas; they must verify if a Status of Forces Agreement (SOFA) or other bilateral treaty modifies standard evaluation factors (e.g., tax exemptions or labor requirements).
- Specific Intermediaries: For firms operating in Taiwan, the inability to contract directly with the government (due to the requirement for the AIT as an intermediary) adds a layer of administrative complexity that contractors must account for in their proposals.
- Geographic Research: Prior to issuing a solicitation for work abroad, the acquisition team must consult with overseas legal counsel or diplomatic missions to ensure local performance does not violate current U.S. diplomatic treaties.