FAR 25.000—Scope of part.
Plain-English Summary
FAR 25.000 states the scope of FAR Part 25, which is the part of the FAR that governs foreign acquisition issues. It covers two main subject areas: the acquisition of foreign supplies, services, and construction materials, and contracts performed outside the United States. The section also explains that Part 25 implements 41 U.S.C. chapter 83, including Buy American requirements, trade agreements, and other related laws and regulations. In practice, this means Part 25 is the starting point for determining whether special sourcing, country-of-origin, trade agreement, or overseas performance rules apply to a procurement. For contracting officers, it signals that acquisitions involving foreign products or overseas performance require careful legal and regulatory review. For contractors, it means that where goods come from and where work is performed can affect eligibility, evaluation, pricing, and compliance obligations.
Key Rules
Foreign acquisitions covered
Part 25 applies to the acquisition of foreign supplies, foreign services, and foreign construction materials. If a procurement involves items or work from outside the United States, the contracting team must look to Part 25 for the applicable policies and procedures.
Overseas performance covered
The part also applies to contracts performed outside the United States, even if the supplies or services are not themselves foreign. This makes place of performance a key trigger for reviewing Part 25 requirements.
Implements Buy American laws
Part 25 implements 41 U.S.C. chapter 83, including Buy American requirements. That means the part is tied to domestic preference rules and related exceptions or procedures that may affect source selection and contract administration.
Covers trade agreements
The part also implements trade agreements. In practice, this means some acquisitions may be subject to international procurement obligations that can limit or modify domestic preference rules.
Includes other related authorities
Beyond Buy American and trade agreements, Part 25 also implements other laws and regulations relevant to foreign acquisition. Users should treat this part as the gateway to a broader set of sourcing and international procurement requirements.
Responsibilities
Contracting Officer
Identify whether the acquisition involves foreign supplies, services, construction materials, or performance outside the United States, and apply the policies and procedures in Part 25. The contracting officer must also determine whether Buy American, trade agreement, or other foreign acquisition rules affect the procurement.
Agency
Ensure procurement policies, templates, and review processes account for Part 25 requirements when acquisitions involve foreign sourcing or overseas performance. Agencies must support compliance with the statutory and regulatory authorities implemented by this part.
Contractor
Understand and comply with any Part 25 requirements that apply to the contract, including sourcing, country-of-origin, and performance-location obligations. Contractors should be prepared to identify foreign content or overseas performance issues when bidding and performing.
Legal/Policy Advisors
Provide guidance on the interaction between Part 25, Buy American requirements, trade agreements, and other applicable laws. They help determine whether exceptions, waivers, or special procedures apply.
Practical Implications
This section is a scope statement, but it is operationally important because it tells you when to stop and check foreign acquisition rules before proceeding.
A common pitfall is focusing only on the product origin and overlooking overseas performance; both can trigger Part 25.
Another frequent issue is assuming Buy American rules always apply the same way; trade agreements and other authorities can change the analysis.
Contracting officers should screen early for foreign content, foreign services, and overseas performance so the solicitation includes the right clauses and evaluation terms.
Contractors should flag foreign sourcing or non-U.S. performance early, because these issues can affect eligibility, pricing, compliance, and post-award administration.
Official Regulatory Text
(a) This part provides policies and procedures for- (1) Acquisition of foreign supplies, services, and construction materials; and (2) Contracts performed outside the United States. (b) It implements 41 U.S.C. chapter 83 , Buy American; trade agreements; and other laws and regulations.