FAR 25.002—Applicability of subparts.
Plain-English Summary
FAR 25.002 is the roadmap for when each subpart of FAR Part 25 applies. It does not itself impose the substantive buying rules; instead, it tells contracting officers, contractors, and acquisition teams which international procurement topics to consult based on what is being bought, where performance will occur, and whether the acquisition involves supplies, construction materials, or services. The section points readers to the major subject areas in Part 25, including Buy American for supplies, Buy American for construction materials, contracts performed outside the United States, trade agreements, evaluating foreign offers for supply contracts, the American Recovery and Reinvestment Act Buy American requirements for construction materials, prohibited sources, other international agreements and coordination, customs and duties, additional foreign acquisition regulations, and the solicitation provisions and contract clauses that implement these rules. It also notes that Subpart 25.5 provides comprehensive procedures and examples for evaluating foreign offers. In practice, this section helps acquisition personnel quickly determine which international procurement rules are in play so they can apply the correct statutory and regulatory requirements, include the right clauses, and avoid using the wrong domestic preference or trade agreement framework.
Key Rules
Use the applicability table
The section’s table is the controlling guide for deciding which FAR Part 25 subparts apply to a given acquisition. Contracting personnel must match the acquisition type and place of performance against the table before selecting the governing rules.
Different rules for supplies and construction
Some subparts apply only to supplies, some only to construction materials, and some to both. For example, Buy American for supplies is a separate rule from Buy American for construction materials, and the applicable subpart depends on what is being acquired.
Place of performance matters
Several subparts turn on whether performance occurs inside or outside the United States. Contracts performed outside the United States may trigger different international procurement rules than domestic acquisitions, especially for services and construction.
Trade agreements apply broadly
Subpart 25.4 applies across the acquisition categories shown in the table, reflecting that trade agreement coverage can affect supplies, construction, and services both inside and outside the United States. Contracting officers must check whether a trade agreement waiver or exception changes the normal domestic preference analysis.
Foreign offer evaluation procedures are specialized
Subpart 25.5 is identified as providing comprehensive procedures and examples for evaluating foreign offers under supply contracts. This means offer evaluation under international procurement rules should follow the specific procedures in that subpart rather than general price evaluation methods alone.
Additional foreign rules may apply
The table also points to prohibited sources, other international agreements and coordination, customs and duties, and additional foreign acquisition regulations. These topics can add restrictions, coordination requirements, or cost considerations beyond the basic domestic preference rules.
Clauses and provisions must match the rule set
Subpart 25.11 applies to solicitation provisions and contract clauses across the listed acquisition categories. In practice, the correct international procurement clauses must be included so the contract actually implements the applicable statutory and regulatory requirements.
Responsibilities
Contracting Officer
Determine which FAR Part 25 subparts apply by using the applicability table, then apply the correct domestic preference, trade agreement, foreign acquisition, customs, and clause requirements. The contracting officer must also ensure the solicitation and contract include the proper provisions and clauses and use Subpart 25.5 procedures when evaluating foreign offers for supply contracts.
Acquisition Team / Contract Specialist
Support the contracting officer by identifying the acquisition type, place of performance, and any international procurement issues early in planning. They should help verify whether trade agreements, prohibited sources, customs rules, or foreign acquisition regulations affect the requirement and ensure the solicitation package reflects the correct subparts.
Offeror / Contractor
Review the solicitation to understand which international procurement rules and clauses apply, especially domestic preference requirements, trade agreement treatment, and any foreign performance or customs obligations. Contractors must structure offers and performance plans to comply with the applicable subpart and contract clauses.
Agency / Requiring Activity
Provide accurate information about the requirement, including whether supplies, construction materials, or services are needed and where performance will occur. The agency must coordinate early on any foreign acquisition issues so the contracting office can select the correct regulatory framework.
Practical Implications
This section is a routing tool: if you misread the table, you may apply the wrong subpart and issue a solicitation that is noncompliant or unnecessarily restrictive.
The biggest day-to-day risk is assuming all international procurement rules work the same way; in reality, applicability changes based on supplies versus construction materials and inside versus outside the United States.
Subpart 25.5 is especially important for supply acquisitions involving foreign offers because it contains the detailed evaluation procedures and examples that prevent pricing and preference mistakes.
Contracting officers should check clauses early, because the right solicitation provisions and contract clauses are part of how these rules become enforceable in the contract.
Contractors should watch for hidden cost impacts such as customs, duties, and foreign acquisition requirements, which can affect pricing, delivery, and compliance even when the basic Buy American rule is not the only issue.
Official Regulatory Text
The following table shows the applicability of the subparts. subpart 25.5 provides comprehensive procedures for offer evaluation and examples. Subpart Supplies For Use Construction Services Performed Inside U.S. Outside U.S. Inside U.S. Outside U.S. Inside U.S . Outside U.S . 25.1 Buy American- Supplies X - - - - - 25.2 Buy American- Construction Materials - - X - - - 25.3 Contracts Performed Outside the United States - X - X - X 25.4 Trade Agreements X X X X X X 25.5 Evaluating Foreign Offers- Supply Contracts X X - - - - 25.6 American Recovery and Reinvestment Act-Buy American statute-Construction Materials X 25.7 Prohibited Sources X X X X X X 25.8 Other International Agreements and Coordination X X - X - X 25.9 Customs and Duties X - - - - - 25.10 Additional Foreign Acquisition Regulations X X X X X X 25.11 Solicitation Provisions and Contract Clauses X X X X X X