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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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34 sections with “Foreign Military Sales”

  • DFARS 252.215-7014 Exception from Certified Cost or Pricing Data Requirements for Foreign Military Sales Indirect Offsets.
    …use the following clause: Exception From Certified Cost or Pricing Data Requirements for Foreign Military Sales Indirect Offsets (DEC 2022) (a) Definition. As used in this clause— Offset means a benefit or obligation agreed to by a contr…
  • DFARS 252.217-7000 Exercise of option to fulfill foreign military sales commitments.
    …bed in 217.208-70(a) and (a)(1), use the following clause: Exercise of Option To Fulfill Foreign Military Sales Commitments—Basic (NOV 2014) (a) The Government may exercise the option(s) of this contract to fulfill foreign military sales …
  • DFARS 252.225-7027 Restriction on contingent fees for foreign military sales.
    … prescribed in 225.7307(a), use the following clause. Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Conting…
  • DFARS 252.232-7002 Progress Payments for Foreign Military Sales Acquisitions.
    As prescribed in 232.502-4-70(a), use the following clause: Progress Payments for Foreign Military Sales Acquisitions (MAY 2023) If this contract includes foreign military sales (FMS) requirements, the Contractor shall— (a) Submit separa…
  • DFARS 245.302 Contracts with foreign governments or international organizations.
    (1) General. (i) Approval. A contractor may use Government property on work for foreign governments and international organizations only when approved in writing by the contracting officer having cognizance of the property. The contracting…
  • DFARS 225.7303-1 Contractor sales to other foreign customers.
    If the contractor has made sales of the item required for the foreign military sale to foreign customers under comparable conditions, including quantity and delivery, price the FMS contract in accordance with FAR part 15.
  • DFARS 225.7303-2 Cost of doing business with a foreign government or an international organization.
    …ided in 225.7303-5, recognize the reasonable and allocable costs of doing business with a foreign government or international organization, even though such costs might not be recognized in the same amounts in pricing other defense contract…
  • DFARS 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    …e National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92). (x) Part 225—Foreign Acquisition. (A) Use the provision at 252.225-7000, Buy American—Balance of Payments Program Certificate, to comply with 41 U.S.C. chapter 83 …
  • DFARS 225.7501 Policy.
    …performed outside the United States, including end products and construction material for foreign military sales, unless— (a) Before issuing the solicitation— (1) The estimated cost of the acquisition or the value of a particular construc…
  • DFARS 217.208-70 Additional clauses.
    …e the basic or the alternate of the clause at 252.217-7000, Exercise of Option to Fulfill Foreign Military Sales Commitments, in solicitations and contracts when an option may be used for foreign military sales requirements. Do not use the …
  • FAR 2.101 Definitions.
    …te as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office. Claim means a written demand or written asse…
  • DFARS 202.101 Definitions.
    …arket manufacturer. Offset means a benefit or obligation agreed to by a contractor and a foreign government or international organization as an inducement or condition to purchase supplies or services pursuant to a foreign military sale (F…
  • DFARS 219.402 Small Business Administration procurement center representatives.
    … following activities carried out in conjunction with authorized military operations in a foreign country: (A) Medical, surgical, dental, and veterinary care provided in areas of a country that are rural or underserved by professionals in …
  • DFARS 225.7307 Contract clauses.
    (a) Use the clause at 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and…
  • DFARS 217.7404 Limitations.
    …ized contact action, documentation requirements, and other limitations on their use. (a) Foreign military sales contracts. (1) A contracting officer may not enter into a UCA for a foreign military sale unless— (i) The UCA provides for ag…
  • DFARS 225.7300 Scope of subpart.
    (a) This 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…
  • DFARS 228.370-2 General.
    … insurance provides the appropriate coverage required by the clause 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 custome…
  • DFARS 231.205-1 Public relations and advertising costs.
    (e) See 225.7303-2(e) for allowability provisions affecting foreign military sales contracts. (f) Unallowable public relations and advertising costs also include monies paid to the Government associated with the leasing of Government equip…
  • DFARS 243.204-70-1 Scope.
    …ange orders with an estimated value exceeding $5 million. (b) Unpriced change orders for foreign military sales and special access programs are not subject to this section, but the contracting officer shall apply the policy and procedures …
  • DFARS 246.406 Foreign governments.
    … (3) Reciprocal quality assurance agreements. A Memorandum of Understanding (MOU) with a foreign country may contain an annex that provides for the reciprocal performance of quality assurance services. MOUs should be checked to determine w…
  • DFARS 252.232-7018 Progress Payments—Multiple Lots.
    …eral Acquisition Regulation Supplement (DFARS) clause 252.232-7002, Progress Payments for Foreign Military Sales Acquisitions, of this contract, the Contractor shall— (1) Submit separate progress payment requests for each lot identified in…
  • DFARS 201.104 Applicability.
    …S) also apply to purchases and contracts by DoD contracting activities made in support of foreign military sales or North Atlantic Treaty Organization cooperative projects without regard to the nature or sources of funds obligated, unless o…
  • DFARS 205.303 Announcement of contract awards.
    …tract, description of what 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…
  • DFARS 215.404-71-3 Contract type risk and working capital adjustment.
    …share lines contained in 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 payme…
  • DFARS 215.408 Solicitation provisions and contract clauses.
    …he clause at 252.215-7014, Exception from Certified Cost or Pricing Data Requirements for Foreign Military Sales Indirect Offsets, in solicitations and contracts that contain the provision at 252.215-7010, Requirements for Certified Cost or…
  • DFARS 217.202 Use of options.
    …ce on the 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.…
  • DFARS 232.501-1 Customary progress payment rates.
    … The customary progress 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.
    (a) Use the clause at 252.232-7002, Progress Payments for 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,…
  • DFARS 232.1004 Procedures.
    …ractor cash flow. (c) Instructions for multiple appropriations. If the contract contains foreign military sales requirements, the contracting officer shall provide instructions for distribution of the contract financing payments to each co…
  • DFARS 246.471 Authorizing shipment of supplies.
    …anying each shipment. (b) Alternative Procedures—Contract Release for Shipment. (1) For foreign military sales contracts, do not use alternative procedures. (2) The contract administration office may authorize, in writing, the contractor …
  • DFARS 247.207 Solicitation provisions, contract clauses, and special requirements.
    …oute Order under FOB origin contracts, Export Traffic Release regardless of FOB terms, or foreign military sales shipments.
  • DFARS 252.237-7023 Continuation of Essential Contractor Services.
    …uding installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations h…
  • DFARS 252.245-7005 Management and Reporting of Government Property.
    …innocuous or until adequate safeguards are provided. (i) Contractor inventory located in foreign countries. Consistent with contract terms and conditions, property disposition shall be in accordance with foreign and U.S. laws and regulatio…
  • DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
    …ng the same or similar product for governmental purposes (e.g., Federal, state, local, or foreign government); or a commercial customer purchasing the same or similar product for a commercial, mixed, or unknown purpose].” (4) Within 10 day…

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.