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  • Question

    Is there an exemption from the requirement for a consolidation memo for the construction of FMS support facilities, or will a consolidation memo be required per the FAR/FMS policies?


    Answer

    The policy document governing the conduct of FMS is the Security Assistance Management Manual (SAMM) avail at: http://www.dsca.mil/samm/ .  SAMM C6.3.1 states, in part, Acquisition for FMS purchasers shall be in accordance with U.S.  and/or DoD regulations and procedures. This affords the foreign purchaser the same benefits and protection that apply to DoD procurement and is one of the principal reasons why foreign Governments and international organizations prefer to procure through FMS channels. FMS requirements may be consolidated with USG requirements or placed on separate contract whichever is more expedient and cost effective. FAR provisions applicable to the DoD also apply to FMS procurements. While all FAR and DFARS clauses apply to FMS procurements, Table C6.T1. lists selected sections with unique application to FMS.

    I am not familiar with the peculiarities of contracting for construction, however, contracting for FMS reqmts is to follow the same FAR/DFARS reqmts as for DoD unless other parts of the FAR/DFARS (such as
    DFARS 225.7300-Acqusition for FMS) provide alternate direction/guidance.

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