For example, FAR 1.102(a) states that “he vision for the Federal Acquisition System is to deliver on a timely basis the best value product or service to the customer, while maintaining the public’s trust and fulfilling public policy objectives.” (a) Maximizing economy and efficiency in procurement įAR Part 1. The chart below references each of the guiding principles, and the corresponding FAR sections that address those same objectives. The FAR shares the general objectives set forth in the Preamble to the UNICTRAL Model Law on Public Procurement (2011), as described in FAR 1.102 Statement of guiding principles for the Federal Acquisition System. Most federal procurements rely on competitive negotiations, described in FAR Part 15, which are “analogous to ‘requests for proposals with dialogue’ under Article 49 of the UNCITRAL Model Law.” Id. Nicholas, The UNCITRAL Model Law on Public Procurement: Potential Next Steps (2022) at 4. For example, FAR Part 14 addresses the rules for “sealed bidding,” “a method of contracting that employs competitive bids, public opening of bids, and awards” (FAR 14.101), which is similar to “open tendering.” See C.R. While the United States has not adopted the UNCITRAL Model Law, many of the FAR procurement techniques share similarities with those described in UNCITRAL. For example, when acquiring specialty metals such as stainless steel and titanium (DFARS 252.225-7008, -7009), or commodities such as food, clothing, or certain fabrics, DoD must procure only supplies produced in the United States, subject to certain exceptions. Congress has the power to depart from nondiscriminatory treatment principles for certain items procured by DoD, such as by requiring them to be sourced and manufactured in the United States. See DFARS clauses such as 252.225-7001 Buy American and Balance of Payments Program and DFARS 252.225-7036 Buy American – Free Trade Agreements – Balance of Payments Program.Ĭonversely, the U.S. The clauses included in federal procurement contracts issued by DoD are included in DFARS Part 252. Countries that have defense exceptions to the Buy American Act are known as “qualifying countries.” DoD codifies these RDP exceptions to the Buy American through the Defense Federal Acquisition Regulation Supplement (“DFARS”), codified at 48 C.F.R. Department of Defense (“DoD”) has authority to enter into reciprocal defense procurement agreements (“RDP”) with its defense counterparts in foreign governments. The FAR may be supplemented by federal agencies, provided that the supplementation is consistent with statutes enacted by Congress or tailoring of FAR policies and procedures for the needs of the agency. Examples of those clauses include: FAR 52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act and FAR 52.225-4 52.225-4 Buy American – Free Trade Agreements – Israeli Trade Certificate, which implement the Israeli Trade Act, and FAR 52.225-5 Trade Agreements, which implement the United States Trade Agreements with Caribbean Basin countries, World Trade Organization Government Procurement Agreement countries, and Free Trade Agreement countries. Contracts performed outside the United States.įAR Part 52 contains clauses that must be included in contracts at certain dollar thresholds, prescribed in FAR Part 25, to implement the nondiscriminatory treatment that the United States agreed upon in its trade agreements with foreign countries.Acquisition of foreign supplies, services, and construction materials and.Specifically, FAR Part 25 establishes “policies and procedures” for federal agencies for: ![]() federal government obligations under its treaties and international agreements that impact federal procurements. United States (“U.S.”) federal procurement law, as codified in the Federal Acquisition Regulation (“FAR”), implements U.S.
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