Subpart 25.11
Solicitation Provisions and Contract Clauses
FAR Subpart 25.11 ensures that the correct solicitation provisions and contract clauses are included in acquisitions involving foreign supplies and construction, supporting compliance with U.S. laws and trade policies.
Overview
FAR Subpart 25.11 outlines the required solicitation provisions and contract clauses for acquisitions involving foreign supplies and construction. This subpart directs contracting officers to include specific clauses in solicitations and contracts to ensure compliance with U.S. laws and policies regarding foreign acquisition, such as the Buy American Act, Trade Agreements Act, and other statutory requirements. The subpart is organized into sections addressing supplies, construction, and other relevant provisions, providing clear guidance on which clauses to use based on the type of acquisition and applicable thresholds.
Key Rules
- Acquisition of Supplies (25.1101)
- Specifies which clauses must be included in solicitations and contracts for the purchase of supplies, depending on the origin of the goods and applicable trade agreements.
- Acquisition of Construction (25.1102)
- Details the required clauses for construction contracts, focusing on the use of domestic versus foreign construction materials.
- Other Provisions and Clauses (25.1103)
- Covers additional provisions and clauses that may apply to foreign acquisitions, such as reporting requirements or exceptions.
Responsibilities
- Contracting Officers: Must identify and insert the appropriate clauses in solicitations and contracts based on the nature and value of the acquisition.
- Contractors: Must comply with the requirements of the included clauses, such as sourcing restrictions and reporting obligations.
- Agencies: Ensure oversight and compliance with statutory and regulatory requirements for foreign acquisitions.
Practical Implications
- This subpart ensures that all relevant legal and policy requirements regarding foreign acquisition are addressed in contract documents.
- It impacts daily contracting by requiring careful review of acquisition type and value to determine the correct clauses.
- Common pitfalls include omitting required clauses or misapplying them to the wrong contract type, which can result in noncompliance or contract disputes.