DFARS 225.872-3 Solicitation procedures

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 225.872-3
Type
Subsection
Supplements
FAR Subpart 25.8 Other International Agreements and Coordination
Last amended
88 FR 73234 Effective Oct 30, 2023
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(a) Except for items developed under the U.S./Canadian Development Sharing Program, use the criteria for soliciting and awarding contracts to small business concerns under FAR Part 19 without regard to whether there are potential qualifying country sources for the end product. Do not consider an offer of a qualifying country end product if the solicitation is identified for the exclusive participation of small business concerns.

(b) Send solicitations directly to qualifying country sources. Solicit Canadian sources through the Canadian Commercial Corporation in accordance with 225.870 .

(c) Use international air mail if solicitation destinations are outside the United States and security classification permits such use.

(d) If unusual technical or security requirements preclude the acquisition of otherwise acceptable defense equipment from qualifying country sources, review the need for such requirements. Do not impose unusual technical or security requirements solely for the purpose of precluding the acquisition of defense equipment from qualifying countries.

(e) Do not automatically exclude qualifying country sources from submitting offers because their supplies have not been tested and evaluated by the department or agency.

(1) Consider the adequacy of qualifying country service testing on a case-by-case basis. Departments or agencies that must limit solicitations to sources whose items have been tested and evaluated by the department or agency shall consider supplies from qualifying country sources that have been tested and accepted by the qualifying country for service use.

(2) The department or agency may perform a confirmatory test, if necessary.

(3) Apply U.S. test and evaluation standards, policies, and procedures when the department or agency decides that confirmatory tests of qualifying country end products are necessary.

(4) If it appears that these provisions might adversely delay service programs, obtain the concurrence of the Under Secretary of Defense (Acquisition and Sustainment), before excluding the qualifying country source from consideration.

(f) Permit industry representatives from a qualifying country to attend symposia, program briefings, prebid conferences (see FAR 14.207 and 15.201(c)), and similar meetings that address U.S. defense equipment needs and requirements. When practical, structure these meetings to allow attendance by representatives of qualifying country concerns.

Federal Register history

Final rule Published Effective
Defense Federal Acquisition Regulation Supplement; Technical Amendments 88 FR 73234 · Docket DARS-2023-0001
Defense Federal Acquisition Regulation Supplement; Deletion of Obsolete Acquisition Procedures (DFARS Case 2006-D046) 72 FR 20758 · 0750-AF62 Not on record
Defense Federal Acquisition Regulation Supplement; Foreign Acquisition 68 FR 15616 · DFARS Case 2002-D009 Not on record

Sections cited

Quick answers

What is DFARS 225.872-3?

DFARS 225.872-3 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Solicitation procedures".

When was DFARS 225.872-3 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement; Technical Amendments" (88 FR 73234), published Oct 25, 2023 and effective Oct 30, 2023.

Are changes to DFARS 225.872-3 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

On GovTribe

Follow the rules behind federal contracts

  • Search Federal Register rules and proposed rules for the FAR, DFARS and agency supplements
  • Solicitations, awards and government files in one search
  • Ask GovTribe AI about the rules that apply to a contract