national security) or i. Has received an agency head de - termination that it is not appro - priate (with approvals) The exceptions from the previous FAR and the class deviations due to the Revolutionary FAR Overhaul are organized differently but are largely the same except that the original FAR exception in 5.202(a)(12) covering ac - tions by Defense Agencies outside the United States is not in the revised FAR or DFARS. This will have a major im - pact on DoW purchases overseas. Once use of the PIEE solicitation mod - ule becomes mandatory in Fiscal Year 2027, an exception to its mandatory use will be for actions awarded out - side the United States. But that does not necessarily translate into not be - ing required to post these notices. It is important to note that the re - quirement for publicizing a justifica - tion for other than full and open com - petition is still required per FAR 6.301, generally within 14 days after contract award, except for unusual and com - pelling urgency, which may be posted up to 30 days after award. (The March- April 2026 article on competition noted that, in the case of urgency, you may do the J&A after award.) This must be pub - lished in the GPE, the agency website linked to the GPE, and for a minimum of 30 days. (However, this is not re -
A Note on WTO and Free Trade Agreements A full discussion of the World Trade Organization Government Procurement Agreement (WTO GPA) and Free Trade Agreements (FTAs) is beyond the scope of this issue’s article. However, whether these apply makes a dramatic difference in required response times. Thus, a brief explanation is in order. Basically, the United States has entered into trade treaties with various foreign countries to reciprocally provide favorable treatment to the others’ products when making public purchases. We do not give these foreign items preferential treatment over domestic, American-made items. But we do give them more of an advantage than offers of other foreign items from nontreaty countries. This process enhances cooperation, reduces prices, strengthens alliances and our national security, and expands the industrial base. One of the actions we have agreed to take in furtherance of this goal is to allow a longer response time (before an offer is due) when an item is subject to the WTO GPA or FTAs. How can we know whether something is subject to one of these agreements? DFARS 225.401-70 includes a list of the Product Service Groups (PSGs) subject to these agreements. This includes a lot of supply items! And if what you are buying is on that list and is above certain thresholds, the WTO GPA or FTAs apply. The dollar thresholds change each year but are listed at FAR 25.402. If your purchase meets both tests, it is subject to the trade agreements and there will be certain mandatory provisions and clauses in your solicitation (such as DFARS 252.225-7036 or DFARS 252.225-7021, not the ones listed in the FAR). And the time limits for publicizing may be longer as discussed in this issue’s article. For details on the groups, and their subordinate codes, the General Services Administration has guidance. Also, the Product Service Code (PSC) Selection Tool is available to assist in selecting the appropriate code. Just remember to confirm whether an item you are publicizing is subject to the acts or not.
could potentially become subcon - tractors. Per FAR 5.303, contractors may also use the GPE to publicize their receipt of an award over the SAT that will result in subcontracting opportunities. This helps them find suitable subcontractors. Exceptions As with everything, exceptions to these requirements apply generally to all three of the categories of no - tices under discussion. FAR 5.101(b), FAR 5.201(b)/FAR 5.301(b) list them. The notices are not required if one of the following is true of the proposed contract action: a. Has a value below the SAT and the solicitation will be posted on the GPE and permit electronic
responses b. Would disclose classified infor - mation or compromise national security c. Would result in acceptance of an unsolicited proposal or proposal under the Small Business Innova - tion Development Act d. Is an order issued under a re - quirements, task order, or deliv - ery order contract e. Is for perishable subsistence f. Is for utility services (other than telecommunication) when only one source is available g. Is for certain expert services for use in litigation or disputes h. Is being solicited using other than full and open competition (except for only one responsible source or
24 DEFENSE ACQUISITION MAGAZINE | MAY – JUNE 2026
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