Hiring Subcontractors on Federal Contracts from Foreign Countries

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."

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.

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.

I have the same issue.  I have a subconsultants PM working and living in CANADA (their other company) but supporting their US based company here in the US (registered and active in SAM.gov) in a support role on DOD contracts.  I will check the FAR 27.703 and see if there is a "SOFA" with Canada, I was not able to find much regarding.

On 3/27/2024 at 3:21 AM, Vel said:

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.

You also have to be aware of ITAR restrictions on access to covered information by non-US citizens.