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Hiring Subcontractors on Federal Contracts from Foreign Countries


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Hello,

My company hires individual translators and other contractors pursuant to some federal contracts, and anticipating federal contracts in the future.

The inquiry I have received is whether there are any restrictions to hiring non-US citizens doing work in foreign countries pursuant to federal contracts.

Are there FAR, DFARS, or other clauses related to this?

And a related question -- I tried to find out which countries are sanctioned, but other than the terrorism list (North Korea, Iran, Syria, Cuba), there appear to be a bunch of different lists and dozens of countries with various kinds of sanctions. If this is the one way to determine which countries we can NOT hire contractors for, is there a central place where these countries are all listed and tracked?

I am really at a loss here. The few FAR clauses I checked (25.8, 52.225-26, 52.222-54) didn't really say much from what I could tell.

Thanks in advance!

Benny

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5 hours ago, Benny Lava said:

Are there FAR, DFARS, or other clauses related to this?

Have you done a full read FAR subpart 27.703?   

Based on my read of just this tiny snipit (quoted below) from the subpart I think it will provide you with an avenue to help with your questions.  In concert I suggest a full read of any solicitation/contract, as well as reaching out to the appropriate individual (usually a CO) for the instant procurment with the specific questions as they may apply to solicitation/contract as an agency may have a policy beyond FAR 27.703.

"Except as authorized by OFAC, agencies and their contractors and subcontractors must not acquire any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States."

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8 hours ago, Benny Lava said:

The inquiry I have received is whether there are any restrictions to hiring non-US citizens doing work in foreign countries pursuant to federal contracts.

I think you also need to look at the reverse of this question.  The US has Status of Forces Agreements with several countries.  Some of these SOFAs contain provisions about hiring local nationals to work on US government contracts that are performed in the host country.

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Retreadfed is correct, but unfortunately "SOFA" is not a term that is used in every country. For example, with Spain it is called the Agreement on Defense Cooperation; in Africa there are programs such as Africa First and Djibouti First. I recommend you check the embassy websites of the countries you are inquiring about. They typically have a "Business" page with the specifics for the respective countries.

I would also add that the intended use of the interpreters may drive a requirement for them to be U.S. citizens if they are required to have a security clearance. It could be a mixture of both.

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