ARMY AL&T
ON CONTRACTING COOPERATION
COMPETITION IN
Unraveling the competition requirements associated with foreign military sales and international agreements.
by Dennis P. Longo
Te sixth article in the On Contracting series, based on the Competition in Army Contracting course developed by the author for the Office of the Deputy Assistant Secretary of the Army for Procurement.
T
he Competition in Contracting Act (CICA) of 1984 requires, with limited exceptions, full and open competition in soliciting offers and awarding U.S. government contracts. But when the government receives a request from a foreign country for U.S. items or services under a foreign military sales agreement, and that agreement requests the items or services from a sole-source
U.S. vendor, should CICA apply? One may reason that if the government is responsible to manage the trans- action under federal regulations and the sole-source vendor is a U.S. company doing business directly with the U.S. government and not the foreign country, then CICA would apply and the foreign country’s require- ment should be competed.
Tat is not necessarily the case.
Tere are a few key elements of a foreign military sales action that will help the acquisition official to deter- mine when the competitive procedures to fulfill CICA’s requirement for full and open competition may apply.
BACKGROUND Te U.S. provides military equipment and services to foreign partners and allies to enable them to build or enhance their security capability. "Security assistance" is a group of programs authorized by the Foreign Assis- tance Act and the Arms Export Control Act, by which the U.S. may provide defense articles and defense-related services by grant, loan, credit, cash sales or lease to further national policies and objectives.
Foreign military sales (FMS) is the largest security assistance program. FMS is a mutually beneficial program. It nurtures long-term relationships with the U.S. military and foreign partners, including access to joint training
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