If we are buying aircraft spares, does this subpart never apply unless we confirm with the end user that the parts purchased will go directly onto an aircraft at shipment? If not, when would the subpart apply to our acquisitions? (if ever)
DFARS 225.7300 (b) (2) is clear that rules for Acquisitions for FMS does not apply to replenishment of inventories or stocks. I discussed your question with two experts, one at DAU and the other at Defense Procurement and Acquisition policy. We agree - If this procurement is for FMS i.e. with an FMS case identifier and with delivery to a foreign customer, there no issue. We need not worry what the FMS customers' intent is if approved by DSCA and assigned to an implementing agency to execute.
Open full Question Details
The regulation wording below:
(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 into contracts for resale to foreign countries or international organizations.
(b) This subpart does not apply to-
(1) FMS made from inventories or stocks;
(2) Acquisitions for replenishment of inventories or stocks; or
(3) Acquisitions made under DoD cooperative logistic supply support arrangements.