Ask A Professor (AAP) is a Department of Defense resource for asking acquisition and logistics questions concerning policies and practices.
Line of USAF FMS Case?
8/24/2017 11:15:00 AM
Question: What is a "700" line on a FMS case?
Answer: We consulted a Subject Matter Expert at the Defense Security Cooperation Agency (DSCA) and he advised us that it is an Air Force practice to use line ...(More)
Negotiation of an option, at award, to accommodate delays from foreign Countries in support of their FMS cases
7/6/2017 11:56:00 AM
Question: If a requirement is not known (i.e. how long a potential construction delay by an FMS customer), how can an option be negotiated, at award, to accommodate this type of delay? Contractually, can this be done? If yes, what regulatory clause(s) cover this type of option?
Answer: The Defense Federal Acquisition Regulations Supplement (DFARS) Subpart 217.2 "Options" provides overall policy used by DoD Contracting Officers (COs) regarding award of options for both domestic and Foreign Military Sales (FMS) contract options. Guidance on use of FMS contract options is ...(More)
Can a foreign developed Item be sold FMS
5/22/2017 12:28:00 PM
Question: What would the US entity have to do to comply with FAR, DFARs and SAMM requirements in order to be eligible for sole-source contract awards via FMS?
Answer: Once the foreign company establishes a U.S. subsidiary -- i.e., a foreign-owned or controlled U.S. company affiliated with the foreign parent -- the U.S. subsidiary would be eligible for FAR, DFAR, and SAMM treatment. For procurement purposes, they ...(More)
BAA applicability to FMS
3/3/2017 3:34:00 PM
Question: Does Buy American Act apply to Foreign Military Sales procurements?
Answer: We consulted a AT&L/Defense Procurement & Acquisition (DPAP) subject matter expert on FMS contracting to formulate this response ...(More)
Max. Estimates - Requirement Contract
3/1/2017 5:01:00 PM
Question: 1. Can the KO deny this claim based on the aforementioned clauses included in the contract or does the contractor have a legitimate claim (that the government estimates were inaccurate and he based his prices and rates on the government estimates)? 2. Does it matter that this is a ROK (Republic of Korea) funded procurement? What impact does this have on the KO determination to deny this claim?
Answer: A requirements contract does not guarantee a minimum order. ...(More)
2/27/2017 3:53:00 PM
Question: Is there a FAR prohibition for getting a class IACR approved that would include the scope and dollars for countries that haven't signed an LOA?
Answer: We consulted the AT&L Defense Procurement and Acq Policy (DPAP) staff to formulate this answer. ...(More)
FMS case funding realignment under 10 percent
2/27/2017 3:22:00 PM
Question: Where can I find the instruction or policy that allows this 10% limitation guidance?
Answer: In order to obtain a subject matter expert on this Foreign Military Sales (FMS) question DAU consulted the Defense Security Cooperation Agency (DSCA) staff, who asked for ...(More)
Progress Payment Rates for FMS Purchaser
1/18/2017 5:01:00 PM
Question: Can a lower than customary (80%) progress payment rate incorporated, via negotiations with the prime contractor, for the FMS CLINs in order to the meet the FMS purchaser desired billing profile? Alternatively can a performance based payments be incorporated, via negotiations with the prime contractor, for the FMS CLINS on the US Navy contractor which has progress payments for the USN CLINS. Earliest possible response would be appreciated.
Answer: Procurement for cash sales and ...(More)