INTERNATIONAL AGREEMENT
Guidance regarding use of this authority is at FAR 6.302-4. It applies when competition is 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 direction of a foreign government reimbursing DoD for the costs of the acquisition. When citing this authority within DoD, an International Agreement Competitive Restrictions (IACR) document is prepared rather than a J&A (see DFARS 206.302-4) and is approved by the contracting officer (see AFFARS 5306.302-4). If circumstances other than international agreement require use of other than full and open competition when acquiring goods and services for foreign governments, this authority is inappropriate and a J&A must be processed under the applicable authority.
When Appropriate:
Whenever we are purchasing supplies or services under an international agreement for non-U.S. customers, this authority may be appropriate. This authority may be used in circumstances such as:
1. When the acquisition is to be reimbursed by a foreign country (e.g., Foreign Military Sales) and that country has specified in written direction, such as a Letter of Offer and Acceptance, that the supplies or services be acquired from a particular firm.
2. When the planned contract is for supplies to be used, or services to be performed, in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited.
Key Points for the IACR:
A copy of the pertinent parts of that documentation that has the effect of restricting competition by the requirements activity must be attached to the IACR. Note that FAR 5.202(a)(3) permits an exception to the requirement to publicize the proposed contract action when competition is limited by the terms of an international agreement.