SpendQueryBeta

FAR and DFARS › DFARS Part 225: Foreign Acquisition › Subpart 225.73

DFARS 225.7302 Preparation of letter of offer and acceptance.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells the contracting officer how to help the DoD agency that prepares a Letter of Offer and Acceptance (LOA) for Foreign Military Sales programs that will involve an acquisition. The contracting officer works with prospective contractors to surface unusual terms, flag changes to key proposal elements, identify logistics support needs, and gather pricing and delivery information for certain noncompetitive acquisitions. It matters because it shapes how contractor input feeds into the LOA before the acquisition proceeds.

Applies to: Contracting officers handling FMS programs that will require an acquisition

What it requires

  • Work with prospective contractors to identify unusual provisions or deviations in advance of the LOA
  • Advise the contractor if the DoD implementing agency expands, modifies, or does not accept key elements of the contractor's proposal
  • Identify any logistics support necessary to perform the contract
  • For noncompetitive acquisitions over $10,000, ask the prospective contractor for information on price, delivery, and other relevant factors, identifying that it is for a potential foreign military sale and naming the foreign customer

Key terms: Letter of Offer and Acceptance (LOA) · FMS · DoD implementing agency · Pseudo LOAs · noncompetitive acquisitions

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

For FMS programs that will require an acquisition, the contracting officer shall assist the DoD implementing agency responsible for preparing the Letter of Offer and Acceptance (LOA) by—

(1) Working with prospective contractors to—

(i) Identify, in advance of the LOA, any unusual provisions or deviations (such as those requirements for Pseudo LOAs identified at PGI 225.7301);

(ii) Advise the contractor if the DoD implementing agency expands, modifies, or does not accept any key elements of the prospective contractor's proposal;

(iii) Identify any logistics support necessary to perform the contract (such as those requirements identified at PGI 225.7301); and

(iv) For noncompetitive acquisitions over $10,000, ask the prospective contractor for information on price, delivery, and other relevant factors. The request for information shall identify the fact that the information is for a potential foreign military sale and shall identify the foreign customer; and

(2) Working with the DoD implementing agency responsible for preparing the LOA, as specified in PGI 225.7302.

Sections it refers to

← 225.7301-2 Solicitation approval for sole source contracts. · 225.7303 Pricing acquisitions for FMS. →

Rule changes for DFARS Part 225

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 225.7302 Preparation of letter of offer and acceptance · SpendQuery