This text is not in eCFR or DITA. It is extracted from the .docx attachment for Class Deviation 2026-O0041, which directs contracting officers to use it in place of the codified PGI. The parsed text is a convenience layer; the .docx attachment is authoritative.
(c)(i) Separately identify known FMS requirements and the FMS customer in solicitations.
(ii) For economies of scale and efficiency, combine U.S. and FMS requirements under the same contract whenever possible. It is not in the taxpayer’s interest to concurrently use mixed contract types for the same or similar items.
(iii) Clearly identify contracts for known FMS requirements by the case identifier
code in section B of the Schedule.
(iv) Ensure that the FMS LOA terms and conditions are incorporated into the
signed contract.
(v) Ensure that the shipping terms for any contract for FMS materiel are stated as
free on board (f.o.b.) origin.
(vi) For Pseudo LOAs, ensure that the period of performance in the contract is
consistent with the period of availability of appropriated funds, as provided by the financial resource manager.
(vii) Consistent with the Defense Transportation Regulations (DTR) 4500.9-R-Part
II, Cargo Movement, https://www.ustranscom.mil/dtr/part-ii/dtr_part_ii_toc.pdf , Appendix E, ensure that contracts involving the acquisition and delivery of FMS materiel comply with the policies, procedures, packaging, labeling, and documentation requirements specified by the DTR.
(viii) The Government representative responsible for acceptance must ensure that the contractor prepares material inspection and receiving reports in compliance with—
(A) Appendix F, F-301(b)(15)(iv)(K) for a Wide Area WorkFlow (WAWF) Receiving Report; or
(B) F-401(b)(16)(iv)(L) for a paper DD Form 250, Material Inspection and Receiving Report, if an exception to the use of WAWF at 232.7003 applies.
(ix) Prior to contract award, ensure that—
(A) If a contracting officer’s representative is assigned, detailed point of contact information (email, phone number with international dialing protocols, and physical and mailing address) must be clearly visible;
(B) Unique country requirements are specified in the contract (i.e., additional documentation requirements for use in country customs clearance (Levy Exemption waiver));
(C) Commodity-unique requirements are specified in the contract (i.e., responsibility for obtaining/paying for/affixing active Radio Frequency Identification tags and Transportation Control Number construction/usage); and
(D) The FMS Transportation Accounting Code is stated in the contract.
Authoritative source
Issued as an attachment to the Office of the Secretary of Defense memorandum for Class Deviation 2026-O0041, signed July 1, 2026. Verify against the attachment before relying on this text.
- .docx attachment for Class Deviation 2026-O0041
- Class Deviation 2026-O0041 memorandum (PDF)
- Class Deviation 2026-O0041 on part52.dev
Codified PGI
The codified text remains published on acquisition.gov but is superseded by this Class Deviation. View codified PGI 225.7301.