High RiskDFARSExport Control

252.225-7027Restriction on contingent fees for foreign military sales.

Researched by the BidStride Research Team

What This Clause Requires

DFARS 252.225-7027 — Restriction on contingent fees for foreign military sales.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

Official Regulation Text

252.225-7027 Restriction on contingent fees for foreign military sales. As prescribed in 225.7307(a), use the following clause. Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to— (1) A bona fide employee of the Contractor; or (2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business. (b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract: (1) For sales to the Government(s) of ____________________________, contingent fees in any amount. (2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case. (End of clause) [68 FR 15639, Mar. 31, 2003, as amended at 70 FR 73156, Dec. 9, 2005]

Source: eCFR, 48 CFR 252.225-7027 (https://www.ecfr.gov/current/title-48/section-252.225-7027)

Compliance Checklist

    Flow-Down to Subcontractors

    No flow-down required

    This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

    Frequently Asked Questions

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    This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.