32 C.F.R. § 3.2
Background
“Other transactions” is the term commonly used to refer to the 10 U.S.C. 2371 authority to enter into transactions other than contracts, grants or cooperative agreements. “Other transactions” are generally not subject to the Federal laws and regulations limited in applicability to contracts, grants or cooperative agreements. As such, they are not required to comply with the Federal Acquisition Regulation (FAR) and its supplements (48 CFR).
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2019–2025 · leading case: Bader v. United States, 97 F.4th 904 (Fed. Cir. 2024).
Bader v. United States, 97 F.4th 904 (Fed. Cir. 2024). “See 32 C.F.R. § 3.2 (“‘Other transactions’ are generally not sub- ject to the Federal laws and regulations limited in applica- bility to contracts, grants or cooperative agreements.”
Space Expl. Tech. Corp. v. United States (Fed. Cl. 2019). “§ 2371 (a) (authorizing “transactions (other than contracts, cooperative agreements, and grants)”); 32 C.F.R. § 3.2 (defining “other transactions” as “transactions other than contracts, grants or cooperative agreements”); see also United States Department of Defense, Other…”
Raytheon Co. v. United States (Fed. Cl. 2025). “See 32 C.F.R. § 3.2 .[7] This flexibility potentially allows for a faster acquisition process, thereby attracting companies to do business with [DOD] when they otherwise might forego opportunities due to bureaucratic obstacles.”
Hydraulics Int'l, Inc. v. United States (Fed. Cl. 2022). “” 32 C.F.R. § 3.2 (2003). Though some agency acquisitions receive special treatment under federal procurement laws, that does not inherently remove those acquisitions from the Tucker Act’s purview.”
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