FAR 25.402 General
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 25.402
- Type
- Section
- Last amended
- 91 FR 12488 Effective Mar 13, 2026
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.
Text
(a)
(1) The Trade Agreements Act (19 U.S.C.2501, et seq.) provides the authority for the President to waive the Buy American statute and other discriminatory provisions for eligible products from countries that have signed an international trade agreement with the United States, or that meet certain other criteria, such as being a least developed country. The President has delegated this waiver authority to the U.S. Trade Representative. In acquisitions covered by the WTO GPA, Free Trade Agreements, or the Israeli Trade Act, the U.S. Trade Representative has waived the Buy American statute and other discriminatory provisions for eligible products. Offers of eligible products receive equal consideration with domestic offers.
(2) The contracting officer shall determine the origin of services by the country in which the firm providing the services is established. See subpart 25.5 for evaluation procedures for supply contracts covered by trade agreements.
(b) The value of the acquisition is a determining factor in the applicability of trade agreements. Most of these dollar thresholds are subject to revision by the U.S. Trade Representative approximately every 2 years. The various thresholds are summarized as follows:
Table 1 to Paragraph (b)
| Trade Agreement | Supply Contract (equal to or exceeding) | Service Contract (equal to or exceeding) | Construction Contract (equal to or exceeding) |
|---|---|---|---|
| WTO GPA | $174,000 | $174,000 | $6,683,000 |
| FTAs | |||
| Australia FTA | 105,767 | 105,767 | 6,683,000 |
| Bahrain FTA | 174,000 | 174,000 | 13,749,689 |
| CAFTA-DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) | 105,767 | 105,767 | 6,683,000 |
| Chile FTA | 105,767 | 105,767 | 6,683,000 |
| Colombia FTA | 105,767 | 105,767 | 6,683,000 |
| Korea FTA | 100,000 | 100,000 | 6,683,000 |
| Morocco FTA | 174,000 | 174,000 | 6,683,000 |
| USMCA | |||
| -Mexico | 105,767 | 105,767 | 13,749,689 |
| Oman FTA | 174,000 | 174,000 | 13,749,689 |
| Panama FTA | 174,000 | 174,000 | 6,683,000 |
| Peru FTA | 174,000 | 174,000 | 6,683,000 |
| Singapore FTA | 105,767 | 105,767 | 6,683,000 |
| Israeli Trade Act | 50,000 | - | - |
Federal Register history
Show all 24
Sections cited
- FAR Subpart 25.5 Evaluating Foreign Offers-Supply Contracts
Quick answers
What is FAR 25.402?
FAR 25.402 is a section of the Federal Acquisition Regulation, titled "General".
When was FAR 25.402 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Trade Agreements Thresholds" (91 FR 12488), published Mar 13, 2026 and effective Mar 13, 2026.
Are changes to FAR 25.402 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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