In recognition of our unique mission and the challenges associated with acquiring the unique services we require through established federal procurement regulations, Congress has provided the USAGM with additional procurement authority that authorizes the agency to procure personal services through contracts [See 22 U.S.C. 6204(a)(15)(A)], and to conduct procurements without regard to any other provision of law relating to such procurements [See 22 U.S.C. 6204(a)(10)].
Where Congress has authorized a government entity to acquire goods or services “notwithstanding any other provision of law”, those transactions, by their nature, are not subject to the Federal Acquisition Regulations (FAR), or to other procurement-related laws, such as the Competition in Contracting Act (CICA) [See 10 U.S.C. 2304, “…except in the case of procurement procedures otherwise expressly authorized by statute…”]
Notwithstanding these authorities, USAGM voluntarily follows the FAR in the conduct of most of its procurements, but reserves its right to exercise its authorities in those instances when competition poses severe challenges to the agency due to factors, such as geographical remoteness, uniqueness of requirement, requirements for unique skillsets, type of agreement, lack of public policy benefit, and other complexities related to the aforelisted.
