Procedures
FAR 25.408 mandates specific procedures to ensure fair and transparent competition for procurements covered by trade agreements like the WTO GPA and FTAs.
Overview
FAR 25.408 outlines the procedural requirements for contracting officers when the World Trade Organization Government Procurement Agreement (WTO GPA) or a Free Trade Agreement (FTA) applies to a procurement. The section ensures that solicitations and contract awards comply with international trade obligations, promoting fair competition and transparency for eligible foreign products and suppliers. It references related FAR sections for publicizing opportunities, preparing synopses, and notifying unsuccessful offerors, and prohibits technical requirements designed to exclude eligible foreign products.
Key Rules
- Publicizing and Response Time
- Contracting officers must follow FAR 5.203 to ensure proper public notice and adequate response time for solicitations covered by WTO GPA or FTAs.
- Preparation and Transmittal of Synopses
- Officers must comply with FAR 5.207 for preparing and transmitting synopses of contract opportunities.
- Technical Requirements
- Solicitations must not include technical requirements intended solely to exclude eligible foreign products.
- Language and Currency
- Solicitations must require offers to be submitted in English and U.S. dollars, referencing the appropriate FAR clauses.
- Notice to Unsuccessful Offerors
- Unsuccessful offerors from WTO GPA or FTA countries must be notified in accordance with FAR 14.409-1 or 15.503.
- Evaluation Procedures
- Refer to FAR subpart 25.5 for detailed evaluation procedures and examples.
Responsibilities
- Contracting Officers: Ensure compliance with publicizing, synopsis, technical, language, currency, and notification requirements for covered procurements.
- Contractors: Submit offers in English and U.S. dollars; ensure eligibility under WTO GPA or FTA if seeking coverage.
- Agencies: Oversee adherence to international trade obligations and proper notification procedures.
Practical Implications
This section exists to ensure U.S. government procurements are open to eligible foreign suppliers under trade agreements, promoting transparency and fairness. It impacts daily contracting by requiring specific solicitation language, notification procedures, and prohibiting exclusionary technical requirements. Common pitfalls include failing to notify unsuccessful offerors or improperly structuring solicitations to exclude eligible products.