FAR 25.802—Procedures.
Plain-English Summary
FAR 25.802 explains the procedures contracting officers must follow when buying from foreign sources or placing work overseas, with a special rule for Taiwan-related awards. It covers four main topics: identifying and applying international agreements, doing advance acquisition planning and interagency coordination required by those agreements, locating treaty information published by the Department of State, and routing all awards to Taiwanese firms or organizations through the American Institute of Taiwan (AIT). In practice, this section is a compliance checkpoint for overseas contracting because international agreements can affect competition, source selection, delivery terms, and other acquisition terms. It also reminds contracting officers that treaty and diplomatic considerations are part of acquisition planning, not an afterthought. The Taiwan provision is a specific procedural requirement that changes the normal award path and must be followed exactly. Overall, the section exists to ensure U.S. procurements abroad are consistent with international commitments and foreign policy arrangements.
Key Rules
Check international agreements first
When contracting with firms located outside the United States for performance outside the United States, the contracting officer must determine whether any international agreements apply. If an agreement applies, the officer must ensure the acquisition complies with it.
Plan and coordinate early
The contracting officer must do the advance acquisition planning and coordination required by the applicable international agreements. This includes coordination between the appropriate U.S. executive agencies and foreign interests before award, not after the procurement is already underway.
Use State Department treaty sources
The Department of State publishes many international agreements in the United States Treaties and Other International Agreements series. Contracting officers should use this publication, which is normally available in overseas legal offices and U.S. diplomatic missions, to identify relevant agreements.
Route Taiwan awards through AIT
All contracts with Taiwanese firms or organizations must be awarded through the American Institute of Taiwan (AIT). AIT performs this role under contract to the Department of State, so the contracting officer may not bypass this channel.
Responsibilities
Contracting Officer
Determine whether international agreements apply to the overseas procurement, ensure the acquisition complies with those agreements, complete required advance planning and coordination, consult State Department treaty sources as needed, and award all contracts with Taiwanese firms or organizations through AIT.
U.S. Executive Agencies
Participate in the advance coordination required by applicable international agreements and support the contracting officer in meeting treaty or diplomatic requirements.
Foreign Interests
Engage in the coordination contemplated by the applicable international agreements when those agreements require consultation or arrangement with foreign parties.
Department of State
Publish many international agreements in the United States Treaties and Other International Agreements series and maintain the AIT contractual arrangement referenced by this section.
American Institute of Taiwan (AIT)
Serve as the required channel through which contracts with Taiwanese firms or organizations are awarded.
Practical Implications
This section is a pre-award compliance step for overseas acquisitions; skipping the treaty check can create a noncompliant award even if the procurement otherwise looks routine.
Contracting officers should verify international agreement coverage early in acquisition planning, because the agreement may affect competition rules, award procedures, or required coordination.
Overseas legal offices and U.S. diplomatic missions are important research points for treaty and agreement information, especially when the contracting office is outside the United States.
The Taiwan rule is mandatory and specific: awards to Taiwanese firms or organizations must go through AIT, so direct award processing outside that channel is a common pitfall.
Documentation matters. The file should show the agreement review, the coordination performed, and how the award path complied with any applicable international arrangement.
Official Regulatory Text
(a) When placing contracts with contractors located outside the United States, for performance outside the United States, contracting officers must- (1) Determine the existence and applicability of any international agreements and ensure compliance with these agreements; and (2) Conduct the necessary advance acquisition planning and coordination between the appropriate U.S. executive agencies and foreign interests as required by these agreements. (b) The Department of State publishes many international agreements in the "United States Treaties and Other International Agreements" series. Copies of this publication normally are available in overseas legal offices and U.S. diplomatic missions. (c) Contracting officers must award all contracts with Taiwanese firms or organizations through the American Institute of Taiwan (AIT). AIT is under contract to the Department of State.