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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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38 sections with “FMS”

  • DFARS 225.7304 FMS customer involvement.
    (a) FMS customers may request that a defense article or defense service be obtained from a particular contractor. In such cases, FAR 6.302-4 provides authority to contract without full and open competition. The FMS customer may also request…
  • DFARS 252.251-7001 Use of Interagency Fleet Management System (IFMS) vehicles and related services.
    …ribed in 251.205, use the following clause: Use of Interagency Fleet Management System (IFMS) Vehicles and Related Services (DEC 1991) (a) The Contractor, if authorized use of IFMS vehicles, shall submit requests for five or fewer vehicle…
  • DFARS 225.7303 Pricing acquisitions for FMS.
    (a) Price FMS contracts using the same principles used in pricing other defense contracts. However, application of the pricing principles in FAR parts 15 and 31 to an FMS contract may result in prices that differ from other defense contract…
  • FAR 51.204 Use of interagency fleet management system (IFMS) vehicles and related services.
    Contractors authorized to use interagency fleet management system (IFMS) vehicles and related services shall comply with the requirements of 41 CFR 101-39 and 41 CFR 101-38.301-1 and the operator's packet furnished with each vehicle. See 41…
  • DFARS 243.170 Identification of foreign military sale (FMS) requirements.
    Follow the procedures at PGI 243.170 for identifying contract modifications that add FMS requirements.
  • DFARS 202.101 Definitions.
    …cement or condition to purchase supplies or services pursuant to a foreign military sale (FMS). There are two types of offsets: Direct offsets and indirect offsets. (1) A direct offset involves benefits or obligations, including supplies o…
  • DFARS 225.7303-2 Cost of doing business with a foreign government or an international organization.
    (a) In pricing FMS contracts where non-U.S. Government prices as described in 225.7303-1 do not exist, except as provided in 225.7303-5, recognize the reasonable and allocable costs of doing business with a foreign government or internation…
  • DFARS 252.215-7014 Exception from Certified Cost or Pricing Data Requirements for Foreign Military Sales Indirect Offsets.
    …cement or condition to purchase supplies or services pursuant to a foreign military sale (FMS). There are two types of offsets: Direct offsets and indirect offsets. (i) A direct offset involves benefits or obligations, including supplies o…
  • FAR 51.202 Authorization.
    …authorize a cost-reimbursement contractor to obtain interagency fleet management system (IFMS) vehicles and related services, if the contracting officer has— (1) Determined that the authorization will accomplish the agency's contractual ob…
  • DFARS 228.370-2 General.
    …e at 252.228-7001. (c) Foreign military sales. The exception for foreign military sales (FMS) contracts at 228.371(b)(1)(iii) only applies to FMS cases where the FMS customer has explicitly refused assumption of risk of loss. If the FMS cu…
  • DFARS 242.202 Assignment of contract administration.
    …B) When requesting support on a subcontract that includes foreign contract military sale (FMS) requirements, the contract administration office shall— (1) Mark “FMS Requirement” on the face of the documents; and (2) For each FMS case invo…
  • DFARS 225.7301 General.
    …fense articles and services to foreign governments or international organizations through FMS agreements. The agreement is documented in a Letter of Offer and Acceptance (LOA) (see the Defense Security Cooperation Agency (DSCA) Security Ass…
  • DFARS 252.232-7002 Progress Payments for Foreign Military Sales Acquisitions.
    …Military Sales Acquisitions (MAY 2023) If this contract includes foreign military sales (FMS) requirements, the Contractor shall— (a) Submit separate progress payment requests for the FMS and U.S. line items in the contract; (b) Submit a…
  • FAR 51.201 Policy.
    … contractors to obtain, for official purposes only, interagency fleet management system (IFMS) vehicles and related services, including (1) fuel and lubricants, (2) vehicle inspection, maintenance, and repair, (3) vehicle storage, and (4) c…
  • FAR 51.205 Contract clause.
    …acting officer shall insert the clause at 52.251-2, Interagency Fleet Management System (IFMS) Vehicles and Related Services, in solicitations and contracts when a cost-reimbursement contract is contemplated and the contracting officer may …
  • DFARS 205.303 Announcement of contract awards.
    …at is being bought, contract type, whether any of the buy was for foreign military sales (FMS) and identification of the FMS customer; (2) Competition information. Number of solicitations mailed and number of offers received; (3) Contract…
  • DFARS 215.404-71-3 Contract type risk and working capital adjustment.
    … incentive provisions; (vii) Risks associated with contracts for foreign military sales (FMS) that are not funded by U.S. appropriations; and (viii) When the contract contains provisions for performance-based payments— (A) The frequency …
  • DFARS 217.202 Use of options.
    …. (i) See PGI 217.202(1) for guidance on the use of options with foreign military sales (FMS). (ii) See PGI 217.202(2) for the use options with sole source major systems for U.S. and U.S./FMS combined procurements. (2) For a contract tha…
  • DFARS 225.7300 Scope of subpart.
    …his subpart contains policies and procedures for acquisitions for foreign military sales (FMS) under the Arms Export Control Act (22 U.S.C. Chapter 39). Section 22 of the Arms Export Control Act (22 U.S.C. 2762) authorizes DoD to enter into…
  • DFARS 225.7303-4 Contingent fees.
    …stomer approves the payments in writing before contract award (see 225.7307(a)). (2) For FMS to countries not listed in paragraph (b)(1) of this subsection, contingent fees exceeding $50,000 per FMS case are unallowable under DoD contracts…
  • DFARS 225.7307 Contract clauses.
    …ocedures for the acquisition of commercial products and commercial services, that are for FMS. Insert in paragraph (b)(1) of the clause the name(s) of any foreign country customer(s) listed in 225.7303-4(b). (b) Use the clause at 252.225-7…
  • DFARS 251.205 Contract clause.
    Use the clause at 252.251-7001, Use of Interagency Fleet Management System (IFMS)Vehicles and Related Services, in solicitations and contracts which include the clause at FAR 52.251-2, Interagency Fleet Management System (IFMS) Vehicles and…
  • FAR 32.1108 Payment by Governmentwide commercial purchase card.
    …am (TOP) at contract award and order placement. Information on TOP is available at http://fms.treas.gov/debt/index.html. (ii) The contracting officer shall not authorize the Governmentwide commercial purchase card as a method of payment du…
  • FAR 51.200 Scope of subpart.
    …licies and procedures for the use by contractors of interagency fleet management system (IFMS) vehicles and related services. In this subpart, the terms contractors and contracts include subcontractors and subcontracts (see 45.102).
  • FAR 51.203 Means of obtaining service.
    …a) Authorized contractors shall submit requests for interagency fleet management system (IFMS) vehicles and related services in writing to the appropriate GSA regional Federal Supply Service Bureau, Attention: Regional fleet manager, except…
  • FAR 52.228-15 Performance and Payment Bonds—Construction.
    …00 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/. (e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void…
  • FAR 52.228-16 Performance and Payment Bonds—Other Than Construction.
    …00 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/. (End of clause) Alternate I (JUL 2000). As prescribed in 28.103-4, substitute the following paragraphs (b) and (d) for paragrap…
  • FAR 52.232-36 Payment by Third Party.
    …ection under the Treasury Offset Program (TOP). Information on TOP is available at http://fms.treas.gov/debt/index.html. If the SAM subsequently indicates that the Contractor no longer has delinquent debt, the Contractor may request the Con…
  • DFARS 225.7301-2 Solicitation approval for sole source contracts.
    …d Acquisition Policy, prior to issuing a solicitation for a sole source contract for U.S./FMS combined requirements for a major system that has an estimated contract value that exceeds $500 million. See also 201.170 and PGI 216.403-1(1)(ii)…
  • DFARS 225.7302 Preparation of letter of offer and acceptance.
    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) Id…
  • DFARS 225.7303-1 Contractor sales to other foreign customers.
    …foreign customers under comparable conditions, including quantity and delivery, price the FMS contract in accordance with FAR part 15.
  • DFARS 225.7303-5 Acquisitions wholly paid for from nonrepayable funds.
    (a) In accordance with 22 U.S.C. 2762(d), price FMS wholly paid for from funds made available on a nonrepayable basis on the same costing basis with regard to profit, overhead, IR&D/B&P, and other costing elements as is applicable to acquis…
  • DFARS 225.7305 Limitation of liability.
    …f any, obtained by the contractor to cover the risk of loss or damage in establishing the FMS contract price.
  • DFARS 225.7306 Offset arrangements.
    … statement of April 16, 1990, DoD does not encourage, enter into, or commit U.S. firms to FMS offset arrangements. The decision whether to engage in offsets, and the responsibility for negotiating and implementing offset arrangements, resid…
  • DFARS 228.371 Additional clauses.
    … purchase under FAR part 12 procedures; (iii) For which a non-DoD customer (including an FMS customer per 225.7305) has decided to allow the use of commercial insurance or other self-insurance; (iv) For commercial derivative aircraft with…
  • DFARS 232.501-1 Customary progress payment rates.
    …payment rates for DoD contracts, including contracts that contain foreign military sales (FMS) requirements, are 80 percent for large business concerns and 90 percent for small business concerns.
  • DFARS 232.502-4-70 Additional clauses.
    …or Foreign Military Sales Acquisitions, in solicitations and contracts that— (i) Contain FMS requirements; and (ii) Provide for progress payments. (b) Use the clause at 252.232-7004, DoD Progress Payment Rates, instead of Alternate I of …
  • DFARS 252.232-7018 Progress Payments—Multiple Lots.
    …trative Contracting Officer. (c) Submit a separate progress payment request for U.S. and FMS requirements in accordance with the DFARS clause 252.232-7002, Progress Payments for Foreign Military Sales Acquisitions, of this contract. (End …

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.