Guide
Can a purchaser ask for a Foreign Military Sales offer and a commercial quote at the same time?
It is U.S. Government policy not to compete with U.S. industry for foreign defense sales. A purchaser that has data and then wants a commercial quote should cancel its first, and one that solicited bids first must show that the commercial effort has ceased.
Can a purchaser ask for a Foreign Military Sales offer and a commercial quote at the same time?
For most defense articles or services, the international partner has the choice to purchase by either or . However, it is the policy of the not to compete with U.S. industry for foreign defense sales. Per C4.3.7, the normally will not provide foreign governments with a to sell when it is known that a contract has been requested or is already being negotiated.
If the international partner obtains data and, later determines they should request a commercial price quote, the international partner should cancel the prior to requesting commercial data. If an has been offered and the international partner then solicits formal bids from private industry for the same item, the should query the international partner as to its intentions and indicate that the may be withdrawn. If the international partner requests data after soliciting bids from contractors, the international partner must supply information to the showing that commercial acquisition efforts have ceased before any data is provided. If an international partner’s national policy or specific circumstances require that both and commercial data be obtained for the item to be procured, the international partner should submit a request for exception with justification to (Strategy, Plans, and Policy Directorate (SPP)).
References
SAMM
- SAMM C4.3.7.1 — Foreign Military Sales Data Obtained First.
- SAMM C4.3.7.2 — Commercial Data Obtained First.
Related
Foreign Military Sales (FMS)
A process, authorized by the Arms Export Control Act, through which eligible foreign governments and international organizations may purchase defense articles, services, and training from the United States Government.
SAMM Glossary, as of 12 September 2026
Letter of Request (LOR)
The term used to identify a request from an eligible FMS participant country for the purchase of U.S. defense articles and services. The request may be in message or letter format.
SAMM Glossary, as of 12 September 2026
FMS — Foreign Military Sale
SAMM Acronyms, as of 12 September 2026
DCS — Direct Commercial Sales
SAMM Acronyms, as of 12 September 2026
SAMM — Security Assistance Management Manual
SAMM Acronyms, as of 12 September 2026
Glossary entry →Security Assistance Management Manual (SAMM) →
Letter of Offer and Acceptance (LOA)
The legal instrument used by the USG to transfer itemized defense articles, defense services, and design and construction services to foreign partners.
When used under the authorities provided in the Arms Export Control Act for Foreign Military Sales, the LOA is a binding agreement signed by the USG and the foreign partner to transfer such articles and services.
When used under Building Partnership Capacity (BPC) authorities, the BPC LOA is not signed by the Benefitting Partner.
SAMM Glossary, as of 12 September 2026
LOR — Letter of Request
SAMM Acronyms, as of 12 September 2026
LOA — Letter of Offer and Acceptance
SAMM Acronyms, as of 12 September 2026
Implementing Agency (IA)
The military department or defense agency responsible for the execution of military assistance programs. With respect to FMS, the military department or defense agency assigned responsibility by the Defense Security Cooperation Agency to prepare an LOA and to implement an FMS case. The implementing agency is responsible for the overall management of the actions that will result in delivery of the materials or services set forth in the LOA that was accepted by a foreign country or international organization.
SAMM Glossary, as of 12 September 2026
DSCA — Defense Security Cooperation Agency
SAMM Acronyms, as of 12 September 2026
Glossary entry →Defense Security Cooperation Agency (DSCA) →