FAR and DFARS › FAR Part 25: Foreign Acquisition › Subpart 25.4
FAR 25.408 Procedures.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
FAR 25.408 outlines the procedures a contracting officer must follow when the WTO GPA or a free trade agreement applies to an acquisition. It requires compliance with publicizing and synopsis rules, prohibits technical requirements that unnecessarily exclude eligible products, mandates offers in English and U.S. dollars, and requires notifying unsuccessful offerors from WTO GPA or FTA countries. This matters to contractors because it ensures fair competition and specifies how offers must be submitted.
Applies to: Contracting officers when the WTO GPA or an FTA applies to an acquisition.
What it requires
- Comply with publicizing and response time requirements in 5.203.
- Comply with preparation and transmittal of synopses requirements in 5.207.
- Not include technical requirements solely to preclude acquisition of eligible products.
- Specify in solicitations that offers must be in English and U.S. dollars.
Key terms: WTO GPA · FTA · eligible products · solicitations · unsuccessful offerors
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) If the WTO GPA or an FTA applies (see 25.401), the contracting officer must—
(1) Comply with the requirements of 5.203, Publicizing and response time;
(2) Comply with the requirements of 5.207, Preparation and transmittal of synopses;
(3) Not include technical requirements in solicitations solely to preclude the acquisition of eligible products;
(4) Specify in solicitations that offerors must submit offers in the English language and in U.S. dollars (see 52.214-34, Submission of Offers in the English Language, and 52.214-35, Submission of Offers in U.S. Currency, or paragraph (c)(5) of 52.215-1, Instruction to Offerors—Competitive Acquisitions); and
(5) Provide unsuccessful offerors from WTO GPA or FTA countries notice in accordance with 14.409-1 or 15.503.
(b) See Subpart 25.5 for evaluation procedures and examples.
Sections it refers to
- 25.401 Exceptions.
- 5.203 Publicizing and response time.
- 5.207 Preparation and transmittal of synopses.
- 52.214-34 Submission of Offers in the English Language.
- 52.214-35 Submission of Offers in U.S. Currency.
- 52.215-1 Instructions to Offerors—Competitive Acquisition.
- 14.409-1 Award of unclassified contracts.
- 15.503 Notifications to unsuccessful offerors.
← 25.407 Agreement on Trade in Civil Aircraft. · 25.501 General. →
Rule changes for FAR Part 25
- Federal Acquisition Regulation: Trade Agreements Thresholds ↗ · final rule 2026-03-13 · effective 2026-03-13
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation: List of Domestically Nonavailable Articles ↗ · final rule 2025-05-12 · effective 2025-06-11
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · final rule 2025-01-03 · effective 2025-01-17
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-12-16 · effective 2025-01-03
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation: List of Domestically Nonavailable Articles ↗ · proposed 2024-10-23 · comments due 2024-12-23
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-07-30 · effective 2024-08-29
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.