18.119
Trade agreements
Trade agreement requirements may not apply to acquisitions not awarded under full and open competition, offering flexibility in urgent or exceptional circumstances.
Overview
FAR 18.119 clarifies that the trade agreements policies and procedures outlined in FAR 25.4 may not be applicable to acquisitions that are not awarded under full and open competition. Specifically, it references FAR 25.401(a)(5), which provides exceptions to the application of trade agreements in certain acquisition scenarios. This section is particularly relevant during emergency or urgent acquisitions where standard competition requirements may be bypassed, allowing for greater acquisition flexibility.
Key Rules
- Trade Agreements Applicability
- Trade agreements requirements in FAR 25.4 generally do not apply to acquisitions not conducted under full and open competition.
- Reference to Exceptions
- Contracting professionals must consult FAR 25.401(a)(5) to determine if their acquisition qualifies for this exception.
Responsibilities
- Contracting Officers: Must determine if the acquisition is being conducted under full and open competition and apply or waive trade agreement requirements accordingly.
- Contractors: Should be aware that trade agreement requirements may not apply in certain non-competitive acquisitions.
- Agencies: Must ensure proper documentation and justification for using acquisition flexibilities and exceptions.
Practical Implications
- This section provides flexibility for urgent or emergency acquisitions by potentially waiving trade agreement requirements when full and open competition is not used.
- Contracting officers must carefully document the basis for not applying trade agreements.
- Failure to properly apply or document exceptions can result in compliance issues or procurement challenges.