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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17 sections with “Foreign military sale (FMS)”

  • 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 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 252.232-7002 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 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 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 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 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 225.7302 Preparation of letter of offer and acceptance.
    …e 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…
  • 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 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 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 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 242.202 Assignment of contract administration.
    …cm/xhtml/unauth/index.xhtml). (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;…

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.