48 C.F.R. § 6.302-4

6.302-4 International agreement.

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(a) Authority. (1) Citations: 10 U.S.C. 3204(a)(4) or 41 U.S.C. 3304(a)(4).

(2) Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government.

(b) Application. This authority may be used in circumstances such as—

(1) When a contemplated acquisition is to be reimbursed by a foreign country that requires that the product be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or

(2) When a contemplated acquisition is for services to be performed, or supplies to be used, in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited.

(c) Limitations. Except for DoD, NASA, and the Coast Guard, contracts awarded using this authority shall be supported by written justifications and approvals described in 6.303 and 6.304.

[50 FR 52432, Dec. 23, 1985, as amended at 55 FR 52790, Dec. 21, 1990; 79 FR 24198, Apr. 29, 2014; 87 FR 73896, Dec. 1, 2022]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1992–2024 · leading case: L-3 Commc'ns Corp. v. United States, 99 Fed. Cl. 283 (Fed. Cl. 2011).

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L-3 Commc'ns Corp. v. United States, 99 Fed. Cl. 283 (Fed. Cl. 2011). · cites it 3× “§ 2304 (f)(2)(E) (exempting subsection (c)(4) procurements); 48 C.F.R. § 6.302-4 (c) (exempting Department of Defense contracts).”

Kollsman v. United States, 25 Cl. Ct. 500 (Ct. Cl. 1992). · cites it 2× “7307 (a) (1986) , establishes that the FMS customer confers contracting authority on a contracting officer.”

Advanced Tech. Sys. Co. v. United States (Fed. Cl. 2024). “” 48 C.F.R. § 6.302-4 (b)(1). This applies to Egypt, which is reimbursing the United States for the cost of the procurement using a credit that Egypt has with the United States Government.”

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