FAR 46.406—Foreign governments.
Plain-English Summary
FAR 46.406 addresses government contract quality assurance (GCQA) when the work is being performed for foreign governments or international agencies. It establishes that any such support must be administered in a way that aligns with U.S. foreign policy and national security objectives, rather than being treated as routine domestic quality assurance support. The section also limits when the U.S. Government may provide this assistance: only when it is consistent with, or specifically required by, applicable legislation, executive orders, or agency policies governing mutual international programs. In practice, this means contracting officers and quality assurance personnel must check not only the contract requirements, but also the broader legal and policy basis for supporting a foreign or international customer. The section is short, but it is important because it makes clear that GCQA for foreign entities is a policy-sensitive activity that may be restricted, conditioned, or prohibited depending on the governing authorities. It helps ensure that quality assurance support does not conflict with diplomatic, security, export-control, or international cooperation objectives of the United States.
Key Rules
Align with U.S. policy
GCQA support for foreign governments or international agencies must be administered in accordance with U.S. foreign policy and security objectives. This means the Government cannot provide such support in a way that conflicts with national interests or security considerations.
Only when authorized
The support may be furnished only when it is consistent with, or required by, legislation, executive orders, or agency policies. A contract alone is not enough if there is no supporting legal or policy authority.
Applies to foreign recipients
The rule specifically covers quality assurance performed for foreign governments and international agencies. It is aimed at international support arrangements, not ordinary domestic GCQA activities.
Mutual international programs
Agency policies concerning mutual international programs may permit or require this support. When such programs exist, the contracting activity must follow the applicable policy framework and any limits it imposes.
Responsibilities
Contracting Officer
Verify that any GCQA support for a foreign government or international agency is authorized by applicable law, executive order, or agency policy, and ensure the support is administered consistently with U.S. foreign policy and security objectives.
Quality Assurance Personnel
Perform quality assurance support only within the scope and limits approved for the foreign or international program, and avoid actions that would conflict with security, diplomatic, or policy restrictions.
Agency
Establish and apply policies for mutual international programs and ensure that any GCQA support furnished to foreign governments or international agencies is consistent with those policies and higher-level authorities.
Program/Policy Officials
Determine whether the proposed support fits within applicable international cooperation arrangements and whether any special statutory, executive, or policy authority is required before support is provided.
Practical Implications
Before providing GCQA support to a foreign customer, the contracting activity must confirm the legal and policy basis for doing so; this is not a routine assumption.
A common pitfall is treating international quality assurance support as purely technical work and overlooking foreign policy, security, or program-authority constraints.
Contracting officers should coordinate early with legal, policy, security, and international affairs offices when a foreign government or international agency is involved.
If no statute, executive order, or agency policy authorizes the support, the Government should not furnish it even if the customer requests it or the contract seems to contemplate it.
Documentation matters: the file should show why the support is permitted and how it aligns with the applicable mutual international program or other authority.
Official Regulatory Text
Government contract quality assurance performed for foreign governments or international agencies shall be administered according to the foreign policy and security objectives of the United States. Such support shall be furnished only when consistent with or required by legislation, executive orders, or agency policies concerning mutual international programs.