46.406
Foreign governments
Quality assurance support for foreign governments is only permitted when it aligns with U.S. foreign policy, security objectives, and applicable laws or policies.
Overview
FAR 46.406 addresses the administration of government contract quality assurance (QA) activities when performed for foreign governments or international agencies. The section mandates that such QA support must align with the foreign policy and security objectives of the United States. Additionally, this support is only to be provided if it is consistent with, or required by, applicable legislation, executive orders, or agency policies related to mutual international programs. This ensures that QA activities for foreign entities do not conflict with U.S. interests or legal requirements.
Key Rules
- Alignment with U.S. Objectives
- QA for foreign governments or international agencies must support U.S. foreign policy and security goals.
- Legal and Policy Consistency
- QA support is only allowed if it is consistent with or mandated by relevant laws, executive orders, or agency policies regarding international cooperation.
Responsibilities
- Contracting Officers: Must ensure QA support for foreign entities aligns with U.S. objectives and complies with all applicable laws and policies.
- Contractors: Should be aware that QA requirements may be subject to additional scrutiny or restrictions when foreign governments are involved.
- Agencies: Must oversee that QA activities for foreign entities are authorized and consistent with U.S. policy and legal frameworks.
Practical Implications
- This section exists to safeguard U.S. interests when providing QA services to foreign governments or international agencies.
- It impacts contracting by requiring additional checks for legal and policy compliance before providing QA support to foreign entities.
- Common pitfalls include failing to verify legal authority or policy alignment before engaging in QA activities for foreign governments.