FAR 6.302-4—International agreement.
Plain-English Summary
FAR 6.302-4 explains one of the statutory exceptions to full and open competition: when competition is precluded by an international agreement, treaty, or a foreign government’s written direction tied to reimbursement of the acquisition. This section covers the legal authority for using the exception, the kinds of situations where it applies, and the documentation limits that still apply even when competition is not required. In practice, it is used when the United States must honor treaty obligations, host-nation requirements, or foreign reimbursement conditions that restrict which sources may be solicited or which firm must be used. The section is especially relevant for overseas acquisitions, foreign military sales or similar reimbursable purchases, and procurements performed in another sovereign territory. It also makes clear that, except for DoD, NASA, and the Coast Guard, the contracting file must include the written justification and approval required by FAR 6.303 and 6.304. The practical effect is that contracting officers may bypass full and open competition only when the restriction comes from an external international commitment or foreign government direction, not merely because a source is preferred or convenient.
Key Rules
International agreement authority
Full and open competition may be waived when an international agreement, treaty, or foreign government direction prevents it. The exception is based on law and applies only when the agreement or direction actually limits competition.
Foreign reimbursement direction
The authority covers acquisitions reimbursed by a foreign government when that government issues written direction requiring a particular firm or source. A common example is a Letter of Offer and Acceptance or similar official instruction.
Overseas performance or use
The exception may apply when supplies will be used, or services will be performed, in another country’s sovereign territory and the treaty or agreement limits the sources that may be solicited. The restriction must come from the governing international arrangement.
Written justification required
For agencies other than DoD, NASA, and the Coast Guard, awards under this authority must be supported by the written justification and approval procedures in FAR 6.303 and 6.304. The file must show why the exception applies and who approved it.
Not a blanket overseas exception
Being overseas or dealing with a foreign customer does not automatically justify noncompetitive action. The contracting officer must tie the decision to a specific treaty, agreement, or written foreign government direction.
Responsibilities
Contracting Officer
Determine whether an international agreement, treaty, or foreign government written direction actually precludes full and open competition; document the basis for using the exception; and, unless exempted for DoD, NASA, or the Coast Guard, prepare and obtain the required written justification and approval under FAR 6.303 and 6.304.
Agency
Ensure procurement personnel understand when this authority applies, maintain compliance with the justification-and-approval requirements where applicable, and preserve the supporting treaty, agreement, or foreign direction in the contract file.
Foreign Government
When reimbursing the acquisition, provide official written direction if it requires purchase from a particular firm or limits sources; the direction must be clear enough to support the contracting decision.
Treaty/Agreement Administrators or Program Officials
Identify and communicate any treaty or international agreement restrictions that affect source selection, especially for acquisitions performed in another sovereign territory or funded by foreign reimbursement.
DoD, NASA, and Coast Guard Contracting Activities
Apply the authority consistent with their internal procedures and statutory framework; while the section exempts them from the cited written justification requirement in paragraph (c), they still must ensure the exception is properly supported and legally available.
Practical Implications
This authority is most often used for foreign military sales, host-nation support, and overseas procurements where an agreement limits who can be solicited or selected.
A common mistake is treating any foreign-funded or overseas purchase as automatically exempt from competition; the file must show a specific treaty, agreement, or written foreign direction that actually blocks competition.
Contracting officers should keep the foreign government’s written instruction, the relevant treaty or agreement language, and the rationale for how it precludes competition together in the contract file.
For civilian agencies, failing to prepare the required justification and approval can create a protest, audit, or ratification risk even if the underlying international restriction is valid.
Because this is a narrow exception, users should verify whether the restriction is mandatory and source-limiting, rather than merely advisory or preferred, before relying on it.
Official Regulatory Text
(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 .