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How does contracting work for a Building Partner Capacity case?

Updated 3 October 2026Checked against the SAMM: 26 September 2026

A Building Partner Capacity case uses the infrastructure, but its contracts follow the rules for U.S. appropriated funds rather than the acquisition rules. The funds expire, so contracting is planned around their dates, beginning with a feasibility assessment. The benefitting partner generally cannot ask for a specific vendor: the international agreement exception behind sole source requests is not available outside Section 333 programs, and any sole source needs another justification under the . contract pricing rules and offsets do not apply.

How does contracting work for a Building Partner Capacity case?

that are implemented through cases will utilize the infrastructure for execution. However, due to the different authorities and appropriated funding sources for programs, acquisitions for will not follow the acquisition processes and procedures outlined in C6.3 and the Subpart 225.73.

Instead, acquisition for programs will follow the processes and procedures outlined in C15 as well as the and provisions associated with contracts funded by -appropriated funds.

A key consideration in conducting acquisitions is to recognize the time-limited nature of funds for both obligation and disbursement purposes. funds are appropriated funds and pass through the appropriation lifecycle: current, expired and cancelled ( C15.1.4). The expiration and cancellation dates are essential in procurement planning and execution for . Due to the fiscal time limitations, C15.2.6.4 outlines the role of a feasibility assessment in planning for a acquisition.

Another major difference for a acquisition is that the benefiting country, except under a Section 333 program, is not provided an opportunity to request procurement from a specific vendor. The sole source process based on the international agreement exception (10 U.S.C. 3204(a)(4); subpart 6.302-4) is ineligible to be utilized with programs, because there is no international agreement with the partner. The other than process can be used for programs, but the justification for use must be based on other exception criteria outlined in the , subpart 6.3. C15.2.6.5 discusses the sole source process that is applicable to programs.

Regarding contract pricing, requirements default to all the normal DoW pricing rules. The contract pricing provisions outlined in subpart 225.7303 are not applicable to acquisitions. Additionally, offsets as discussed for are not applicable in acquisitions.

References

Drawn exclusively from publicly available authorities.

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