International agreement
FAR 6.302-4 permits limiting competition in federal contracts when required by international agreements, treaties, or written foreign government directions, but mandates written justification for most agencies.
Overview
FAR 6.302-4 allows agencies to limit competition in federal contracting when required by international agreements, treaties, or written directions from foreign governments reimbursing the U.S. for acquisitions. This exception to full and open competition is grounded in statutory authority and is typically invoked when a foreign government or international organization specifies particular sources or firms for procurement, or when acquisition terms are dictated by treaty or agreement. The regulation outlines specific scenarios where this authority applies, such as acquisitions reimbursed by a foreign country or those performed in another country’s territory with source restrictions. For most agencies (excluding DoD, NASA, and the Coast Guard), use of this authority requires written justifications and approvals as detailed in FAR 6.303 and 6.304.
Key Rules
- Authority for Exception
- Full and open competition is not required when precluded by international agreements, treaties, or written foreign government directions for reimbursed acquisitions.
- Application Scenarios
- Applies when a foreign country reimburses the U.S. and requires procurement from a specified firm, or when treaties/agreements limit eligible sources for services or supplies in another country.
- Justification Requirement
- Agencies (except DoD, NASA, Coast Guard) must prepare written justifications and obtain approvals per FAR 6.303 and 6.304 when using this authority.
Responsibilities
- Contracting Officers: Must verify the existence of applicable international agreements or written directions, ensure compliance with source restrictions, and prepare required justifications and approvals (unless exempted).
- Contractors: Must comply with any sourcing or performance limitations imposed by the agreement or foreign government direction.
- Agencies: Must oversee compliance, maintain documentation, and ensure proper justification and approval processes are followed.
Practical Implications
- This section exists to honor U.S. international obligations and facilitate cooperation with foreign governments and organizations.
- It impacts contracting by allowing exceptions to competition rules, but only under specific, documented circumstances.
- Common pitfalls include failing to obtain proper written direction, neglecting justification requirements, or misapplying the exception outside its intended scope.