25.802
Procedures
When contracting overseas, contracting officers must identify and comply with all relevant international agreements and follow special procedures for contracts with Taiwanese firms.
Overview
FAR 25.802 outlines the procedures contracting officers must follow when awarding contracts to contractors located outside the United States for performance outside the United States. The section emphasizes the need to identify and comply with relevant international agreements, coordinate acquisition planning with U.S. executive agencies and foreign interests, and follow special procedures for contracts involving Taiwanese firms. It also references resources for locating applicable international agreements, such as the "United States Treaties and Other International Agreements" series published by the Department of State.
Key Rules
- International Agreements Compliance
- Contracting officers must determine if any international agreements apply and ensure full compliance when contracting overseas.
- Advance Planning and Coordination
- Officers must conduct advance acquisition planning and coordinate with relevant U.S. agencies and foreign interests as required by applicable agreements.
- Reference to Published Agreements
- Officers should consult the Department of State's published series for information on international agreements.
- Special Procedures for Taiwan
- All contracts with Taiwanese firms or organizations must be awarded through the American Institute of Taiwan (AIT), which acts under contract to the Department of State.
Responsibilities
- Contracting Officers: Must identify applicable international agreements, ensure compliance, coordinate acquisition planning, and use AIT for contracts with Taiwanese entities.
- Contractors: Must comply with terms set forth by international agreements and any special procedures communicated by the contracting officer.
- Agencies: Should provide access to relevant international agreements and support coordination efforts.
Practical Implications
- This section ensures U.S. government contracts performed overseas are consistent with international obligations and diplomatic protocols.
- Failure to identify or comply with international agreements can result in legal or diplomatic issues.
- Special handling for Taiwanese contracts highlights the unique diplomatic status of Taiwan and the need for strict procedural adherence.