25.801
General
International treaties and agreements can directly impact how foreign offers are evaluated and how contracts are performed overseas, so contracting professionals must always check for applicable international obligations.
Overview
FAR 25.801 establishes that treaties and agreements between the United States and foreign governments play a significant role in how offers from foreign entities are evaluated and how contracts are performed in foreign countries. This section serves as a foundational reminder that international agreements can override or supplement standard procurement procedures, and contracting professionals must be aware of these obligations when dealing with foreign offers or overseas contract performance. The section highlights the importance of compliance with such treaties and agreements to ensure lawful and effective contract execution abroad.
Key Rules
- Treaties and Agreements Impact
- U.S. treaties and international agreements may affect both the evaluation of foreign offers and contract performance in foreign countries.
- Contracting in Foreign Countries
- When performing contracts overseas, compliance with applicable international agreements is mandatory.
Responsibilities
- Contracting Officers: Must identify and apply relevant treaties and agreements when evaluating foreign offers or administering contracts performed abroad.
- Contractors: Must comply with the terms of applicable treaties and agreements during contract performance in foreign countries.
- Agencies: Should provide guidance and oversight to ensure compliance with international obligations.
Practical Implications
- This section exists to ensure that U.S. government contracts respect international obligations and relationships.
- It impacts daily contracting by requiring awareness of and adherence to international agreements, which may affect eligibility, evaluation, and performance requirements.
- Common pitfalls include overlooking applicable treaties or failing to incorporate their requirements into contract administration.